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
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