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HomeMy WebLinkAboutMinutes - 10/17/1994 - Zoning Board of Appeals ZONING BOARD OF APPEALS OCTOBER 17, 1994 CITY OF MCHENRY � IN THE MATT�R OF THE APPLICATION ) OF ALTHOFF & ASSOCIATES, LTD, AN ► Z-385 ILLINOIS CORPORATION AND MCHENRY ) ALTHOFF & ASSOCIATES PUBLIC LIBRA�Y DISTRICT, A ► MCHENRY PUBLIC LIBRARY MUNICIPAL CORPORATION FOR A � CONDITIONAL U�E PERMIT CONDITIONAL USE PERMIT UNDER THE ) CITY OF MCHENRY ZONING ORDINANCE ) 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 October 17, 1994. Chairman Semrow called the hearing to order at 7:32 p.m. The following persans were in attendance: 1 . Zraning E�oard Members: Randy Christensen, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Richard Adamson (who resigned effective 9/30/94), Emil Kleemann, John Swierk. 2. Attorney for Zoning Board: Kelly A. CahilL 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioners: Althoff & Associates, represented by James L. Althoff, 4103 West Crystal L.ake Road, McHenry Illinois 60050; McHenry Public Library, represented by Judith A. Moore (Library Board), 606D Waters Edge Drive McHenry Illinais 6�050 and Arlene Kaspik {Librarian), 1011 North Green Street McHenry Illinois 60050. 6. Attorney for ihe Petitioner: Campion, Curran, Rausch, Gummerson & Dunlap represented by Daniel Curran, 8600 Route 14, Suite 201 , Crystal Lake Illinois 60012. 7. City Council Members: Mayor Cuda, Alderman Locke, City Clerk Althoff. 8. Court Reporter: None. 9. Ob jectors/Observers: 1. Jerry Benes, 4616 Front Royal Drive, McHenry Illinois 60050. NOTIFICATION Notification of this hearing was published in the Northwest Herald on October 1, 1994. Publisher's Certificate of Publication is on fite in the office of the City Clerk with regard to this matter. Subject property was posted and abutting property owners were notified of these proceedings. Affidavit of service to all of the abave in on file in the office of the City Clerk. �- LOCATION The subject prcaperty is located at 809 North Front Street McHenry Illinois 60050. It is comprised o"� appraximately 2.619 acres. Page 2 ZBA-Althoff/Lit�rary 10/17/94 � SUMMARY The Petitioner4 are requesting that the subject property which is zoned C-5 Highway Commercial b�� granted a Conditional Use Permit to allow the remodelling of an existing building to meet the requirements for operation of a public library an the premises and to permit the operation of said Library, attendant services and administrative offices, on this site. TESTIMONY Prior to the cammencement of this hearing, Attarney Cahill stated for the record that the firm of Zukowski, Rogers, Flood and McArdle, who is the Attorney of Record for the Zoning Bo�rd, has previously represented Althoff Industries, but that is was the opinion of the firm that there is no possible conflict of interest with regard to this hearing. Attorney Curran confirmed that he sees no potential conflict. Chairman Semr-ow swore in the following witnesses for the Petitioners: 1) James L. Althoff, 4103 West Crystal Lake Road McHenry Illinois 60050. 2} Judith A. Moore, 600D Waters Edge Drive McHenry Illinois 60050. 3� Arlene Kaspik, 1011 North Green Street McHenry Illinois 60050. Chairman Semrow swore in the following Objector/Observer: 1► Jerry Benes, 4616 Front Royal Drive McHenry Illinois 60050. Attarney Curran called his first witness, Judith Moore. Moore stated that the Library has entered into a contract to purchase the subject property contingent upon the conditional use being granted by the City. Moore stated that the owner af this � property, Althoff & Associates, has agreed to sell the building to the Library in a condition of acceptability as far as local building codes and the Illinois Accessibility Cade and the ADA are concerned. Moore stated that the current library facility is approximately 9,000 square feet in size and there are approximately 20 parking spaces available on that site, one of which is handicapped accessible. The proposed site would house a library facility of approximately 28,000 square feet with 119 parking spaces, including 4 handicapped accessible spaces. The building for the proposed new library facility is actually 39,000 square feet in size. There would be room for expansion of library facilities. At this point, the Library is planning to use only 28,000 for its facility. Moore pointed out that this facility would better serve the needs of the community. The current library daes not meet the ADA Standards nor does it meet the Illinois Accessibility Code. Moore said there are approximately 33,000 patrons who are served by this library district. The Avenues of Excellence specifies that ideally library facilities should have between .95 and 1.25 square feet of floar space per patron being served by the district. Ideally, the facility should be 35,000 square feet in size. Moore said the front of the building, the existing office area, has two floors. The top level would be used for staff r�ffices; the first level would be used for circulation, public meetings, etc. The Library stacks would be located in the front of the warehouse section of the building, in the area behind the existing office area. The Library stacks would be separated into three specific areas: children's, adult and reference section. Moore said there would be access to the site both directly from Route 31 and from `— Meadowlane Avenue. Page 3 ZBA-Althoff/Lit�rary 10/1/7/94 � QUESTIONS QF THE PETITIONERS BY MEMBERS OF THE BOARD McClatchey s�aid that traffic at the north entrance to the site may be a prablem. Petitioner Althr�ff said that the north entrance would actually be an easement which would be obtained from the property adjacent to the north of the subject praperty. Actually, nothing would change as far as access to this site is cancerned. There would be a cross-easement access agreement between the Library and the property owner to the north, James Althoff. Petitioner Althoff said on-site circulation would ideally be entry from Route 31 at the north property line, circulation araund the west side of the building with exit onto Meadowlane at Route 31 . Christensen asked the total square footage of the building on this site. Althoff said it is 39,000 square feet. Christensen asked the proposed ceiling height for the Library stack area. Althoff said it would be 18 feet. The ceiling height is currently 20 feet. Gurran asked Althoff to explain the proposed renovations to the exterior of the building. Althc►ff said that the overhead doors in the center of the building would be removed; sky lights would be added. The front of ihe building would incorporate much mare glass at the entryway. There is a proposed landscape plan which would include shrubs, green space, a 2 foot berm at the front of the property with a minimum 3.5 foot parking screening strip as required by Ordinance. There would be four benches in the front and the area by the front entrance would be paved with either scored concrete or paver bricks. Semrow asked about the attraction of kids going to the library over the railroad tracks. Althoff said there is a 6 foot fence with three strands of barbed wire across � the top. This should be a deterrent to kids trying to cross the tracks to get to the library. Semrow said he would recommend that the City Council look into providing an overhead overpass across the tracks to get from Cooney Heights subdivisian to the Library for kids in that neighborhood. Semrow asked the height of the proposed berm. Althoff said the berm would be 2 feet high although the parking screening strip would be approximately 8-9 feet wide. Objector Benes asked how the Library proper would be separated from the unused space in the building. Althoff said there would be a fire wall separating the two areas. The requirements of the fire wall would be determined by whatever use is located in the rear portion of the building. If the Library rents storage space out to a tenant, that vvould determine what the requirements of the fire wall would be, i.e., two-hour, three-hour, etc. Lobaito said the specifics of the fire wall are dependent upon the use in the rear of the building. Christensen asked if the existing storage building on the rear of the lot would be used by the Library as well. Lobaito said it is an accessory structure which could be used by the Library for uses accessory to the Library as the principal use. The Conditional Use Permit, if granted, would apply to the accessory structure as well as the principal structure. CLOSING STATEMENT BY PETITIONERS Attorney Curran said that the Petitioners have met all of the requirements of the ordinance in seeking the request for a Conditional Use Permit. The Petitioners are requesting that the existing building on the subject premises f�e granted a permit to `- be remodelled to conform to building code and ADA requirements for a Library facility and that a Cor�ditional Use Permit be granted to permit the operation of a Library facility on this site. It is the intent of the Library Board that this facility Page 4 ZBA-Althoff/Lihrary 10/17/94 � wouid comply with State Standards for the Avenues of Excellence. The existing library is 1/3 t� 1/4 of the size that is needed to meet these standards. The granting of the Conditianal Use Permit would provide the Library with an opportunity to meet the State Standards. It should be noted that there have been many mare intense uses at this location throughout the years, including the recently vacated Follett Software business which has moved to the McHenry Corporate Center. Your Petitioners respectfully request that the Board recommend approval of the Conditional Use Permit. Semrow said he had a question regarding traffic passing in the east-west direction across Route 31 . The closest traffic light to this location is at Lillian Street at Route 31, which is two blocks away. Semrow asked if there has been any consideration given to approaching the City regarding a cross walk or a traffic control device at the location of the subject property. Moore said this issue has not been addressed as of this date. Althoff said there is a crossing guard at the Lillian Street and Route 31 intersection which would facilitate children crossing the street. Moore said that very few of the Library's patrons are walk-ins. Most patrons drive vehicles and in fact make the Library just one stop during the course of running other errands. Curran said the Petitioners would be willing to work with the city and the Illinois Department of Transportati�on regarding the issue of safe crossing of Route 31 for pedestrians. STATEMENT BY OBJECTORS/OBSERVERS Jerry Benes: "Mr. Althoff said one year ago that he needed an answer from the Library within two weeks about their desire to purchase this property. I'm glad that you are holding this hearing. Recently, it has been proven that the ideal ratio � between commercial/industrial property and residential property within a municipality is 35% - 65%. The current ratio in the City of McHenry is 20% - 80%. Taking this building off the for-profit tax rolls will put more of a burden upon the residents af this city. This property should remain commercial. In addition, there are two other library districts in this area. All three districts overlap somewhat. I present a map indicating the area of ov�rlap. The three districts are Nunda, Johnsburg and McHenry Library Districts. I would encourage all three Library Districts to works closer together rather than have McHenry residents having to foot the burden of the entire project. The purchase of this buifding should have been taken before the voters in the farm of a referendum." Chairman Semrow said, "there being nothing further before this Board with regard to this matter, 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 at this time, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Attorney Kelly Cahill said that with regard to the terms of the cross-easement access agreement, would the city be able to use the land as well? Curran said that Mr. Althoff owns tl�e land upon which the easement would be dedicated. He would grant a cross-easemf;nt for access to the Library property. It would be a shared access drive with no restrictions. Motion by McClatchey, seconded by Christensen to recommend to the City Council that the Petittoners' request to remodel the existing building and that a Conditional � Use Pern�it be granted to allow the operation of a Library facility, with attendant services and Administrative offices be granted; that a cross-easement access agreeme��t be executed between the McHenry Public Library District and the Property Owner to the immediate north of the subject Page 5 ZBA-Althoff/Lil�rary 10/17/94 �. proparty to allow for a shared access drive at the northeast corner of the subject property; and that the Approvat Criteria for Conditional Use Permit, Table 3' , Pages 357-358 of the Zoning Ordinance have been met. Voting Aye: Christensen, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: Nc�ne. Absent: Kleemann, Swierk. Motion carried 4-0. ADJOURNMENT Chairman Semrow said, "there being nothing further before this Board, this hearing is adjourned at 8:18 p.m." Respectfully sub 'tted, �' G� Harry Se ow, Chairman Zoning B rd 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, Petitioners' Attorney, Building & Zoning Zoning File, Objectors/Observers (1), Landmark Commission Chairman, Northwest Herald, City Clerk File. Doc/ZBAMIN.385 \..