HomeMy WebLinkAboutMinutes - 9/26/1994 - Zoning Board of Appeals ZONING BOARD OF APPEALS
SEPTEMBER 26, 1994
CITY OF MCHENRY
� IN THE MAT'i'ER OF THE APPLICATION )
OF ROCKFORD I�iDUSTRIAL WELDING ) Z-384
SUPPLY INC ANll GARY R. BERTRAND )ROCKFORD INDUSTRIAL WELDING SUPPLY
FOR A VARIATION TO THE ) 400� WF.,ST 1VIAIN STREET
CITY OF MCHENRY ZONING ORDINANCE ) VARIATION
MCHENRY C�UI�iTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing c�n the ahove-captioned petition was held on September 26, 1994. Chairman Semrow called
the hearing to ordc�r at 7:55 g.m. The following persons were in attendance:
1. Zoning Bo�rd Members: Richard Adamson, Randy Christensen, Emil Kleemann, Frank
McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Nane.
2. Attorney fc�r 7.�ning Board: Kelly A. Cahill.
3. Recording �ecretary: Kathleen Kunzer.
4. Directc�r of Building & Zoning: J�hn A. Lobaito.
5. Petitioners: Rockford Industrial Welding Sugply, represented hy owner, Gary R. Bertrand,
3329 Twin Riclge Lane, Rockf�rd Illinois 61109.
�-- 6. Attarney fc�r the Petitioner: None.
7. City Cc�uncil Members: None.
8. Cc�urt Repc�rter: None.
9. Observers/(�bjectors: None.
NOTICE OF PUBLICATION
Notification of this hearing was published in the Northwest Herald on September 5, 1994. The
Publisher's Certitrcate of Publication regarding this matter is on file in the City Clerk's Office.
Abutting property owners were notified by certified mail of these proceedings. Subjec;t Property was
posted as required by the Z�ning Ordinance.
LOCATION
The location of tr�e subject property is 4003 West Main Street, McHenry Illinois 6�50.
SU M MARY
The subject property is currently zoned I-1 Industrial Zoning District pursuant to the City of McHenry
Zoning Ordinancf�. The Petitioners are requesting that the subject property be granted a variance as
to the required 1(� foot interior side yarci setback. The Petitioners are requesting a variance to permit
a side yard setl�ack of two feet to allow for the construction of an additi�n on the n�rkheast c�rner of
their e�sting buiyding.
TESTiMONY
� Chairman Sernro�,� swore in the following witnesses for the Petitioners:
1) Gary R. �yertrand, owner, 3329 Twin Ridge Lane, Rockford Illin�is 61109.
2) Douglas I.obitz, manager, 3619 West James Street, McHenry Illinois 6Q050.
Page 2
ZBA-Roc;kforcl lnciustrial Welding
9/26/94
� Bertrand said that Rockford Industrial Welding SuPply has been located at its Present lacation for the
Past 8 years. Du�� to the growth of the busmess �n the McHenry area, it has become necessary to
expand the busine�s site. It is the intent of the Petitioner to mcrease the office space, create a
showroom area for self-service welding supglies and to add a minor exgansion to the warehouse area
of the existing building. The proposed addition is a�proximately 1200 square feet. Bertrand said that
he is propasing to �nodify the facade on the existing building. The windows will be upgraded to more
ener�y efficient ones. There would be new brick placed on the entire building frontage to conform
with the proposed addition. The end result is that the entire buildin� will be mare energy efficient
and m�re aesthetic as well.
�UEST[ONS t�F THE WITNESS BY MEMBERS OF THE BO�iRD
Swierk asked if bualding plans have been submitted to the Building Department at this time. Bertrand
said plans have been submitted. That is when it was determined that a variance would be required.
Swierk asked if thc: Petitioner would a�nee to a stipulation that the renovation of the existing building
facade be incorpordted a.s an integral part of the permit issuing process far the ac�dition. Would the
Petitioner agree to making the facade renovation a condition of the variance being granted? Bertrand
said he has na problem with that being a condition of the granting of the variance. Swierk asked if
the additi�n would be comprised of brick and block. Bertrand said that is correct.
Christensen asked if there was any proposal to increase the landscaping on this site. Lobaito said this
is a tight lot, but c.onsideration should be given to increasing the green space along the western edge
of the property. 7'he Petitioners could relocate the dumpster to the rear of the property. The fence
along the front prc�perty line could he moved further back on the site. The fence could be moved to
the pc�rtian of the �ite where the as-phalt ends and the gravel begins. Lobitz said they are researching
ways to increase the landscaping on the site. There is a possibility of creating a green space area with
railroad ties and planting some shrubs and bushes in that area. The Petitioner is will:ing to make this
`' site more pleasing to the eye.
CLOSING STATEMENT BY PETITTONERS
Bertrand said that the contents of the Petition are very comprehensive. He asked that the Board act
on the Petition. 7'ime is of the essence. The Petitioner is hoping to begin construction before the
winter season sets in. Bertrand said the McHenry store is very important to his total operation. It
employs 5-7 people and he would like to continue to expand his business in the McHenry area.
Chairman Semrow said, "there being nothing further before this Board with regard to this matter, the
Board wiil consider the Petition at this time, unless there is a motion to recess by a member af the
Board. There being no motion to recess, the Chair will entertain a motion with regard ta the
Petition."
DELIBERATION_ AND RECOMMENDATIQN
Motion by Swierk_ seconded by Kleemann to recommend to the City Council that
the Petitione;rs request for a Variance to permit the construction of an addition to the northeast
side of the existing building within two feet of the eastern property line be granted; that the
Petitioner rc:novate the entire front facade of the building concunently with the construction of
said addition; and that the Approval Criteria for Variances, as found in Table 31, Pages 377-
37$ of the Zoning Ordinance, have been met.
Voting Aye: Adarnson, Christensen, Kleemann, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: Non�;.
Not Vc�ting: None.
�-- Abstaining: Nonf�.
Absent: N�n�,.
Page 3
ZBA-Rockford ln�lustrial Welding
9/26/94
� Mc�tion carried 7-i).
ADJOURNMEN'�'
There being nothing further before this Board with regard to this matter, this hearing was adjourned
at 8:12 p.m.
Respectfully s tamitted,
. _ � �
,
Ha mrow, Chdirman
Zoning oard of Appeals
c: Agenda, Zc►ning Board of Appeals (7), Plan Commission {7), City Administrat�r, Director of
Buiiding & Zoning, Public Works Administration, City Attorney, City Engineers, Aldermen
Reference ('opy, Petitioner, Building & Zoning Zoning File, Landmark Commission Chairman,
Northwest Herald, City Clerk File.
Doc/ZBAMIN.384
�
�
ZONING BQARD OF APPEALS
SEPTEMBER 26, 1994
CITY OF MCHENRY
� [N THE MA'TT:�R OF THE APPLICATION )
OF WILLIAM 1'ETERSON AND JULIE ) Z-382
PETERSON FO�2 A MINOR VARIATION ) WILLIAM AND JULIE PETERSON
PURSUANT TO THE PRQVISIONS OF THE } MINOR VARIATION
ZONING ORDINANCE OF THE CiTY OF )
MCHENRY, MCHENRY COUNTY,ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNC�L, CITY OF MCHENRY, ILLINOIS
A hearing on thE. above-captioned petition was held on SePtember 26, 1994. Chairman Semrc�w
called the hearing to order at 8:13 p.m. The following persons were in attendance:
1. Zoning B�ard Members: Richard Adamson, Randy Christensen, Emil Kleemann, Frank
McClatc:hi;y, Harry Semrow, John Swierk, Donna Tobeck. Absent: None.
2. Attorney for Zoning Board: Kelly A. Cahill.
3. Recordin�; Secretary: Kathleen Kunzer.
4. Director ��f Building & Zoning: John A. Lobaito.
5. Petiti�ner5: William and Julie Peterson, 7507 Deerwood Trail, McHenry Illinc�is 60QSQ.
6. Attorney for the Petitioner: None.
7. City Council Members: None.
8. Court Rel�orter: None.
9. Objectorsa None.
� NOTIFICATION
Notification of this hearing was published in the Northwest Herald on September 6, 1994 as
required by zoning c�rciinance. Publisher's Certifiicate of Publication is on file in the office of the
City Clerk.
I�flCATiON
The groperty which is the subject of this Petition is located at 7507 Deerwood Trai1, McHenry
lllin�is 60050. 'Che property is comprised of approximately one acre.
SUMMARY
The Petitioners are reyuesting that a variation be granted to permit the construction of an in-ground
swimmi:ng poc�l in the interi�r side yard an the subject property.
TESTIMONY
Chairman Semrow swore in the wifiess for the Petitioners:
1) William Feterson, 7507 Deerwood Trail McHenry Illinois 60050.
Petitioner Petersc>n stated that he is requesting a variance so that he can install a 1S X 30 foat in-
ground �1 in his interior side yard. The pool can not be located in the rear yard as it would
mterfere with the septic field for the property and it would not meet the minimum 10 foot setback
which is required between accessory structures from the principal building. The pcx�l is considered
an access�ry stru�;ture. Peterson said he has received permission from the McHenry County Health
De�artment to rf lcxate a portion of the septic field; however, there would still not be adequate
setback from the h�use. Peterson said that the detention area to the east of the pro�wsed location
of the pool also prohibi�s relocating the proposed �x�ol further away from the house. Petersons
own one-half of the land on which the detention area is located. That is a part of their property.
`-- Peterson noted that he has no neighbors on either side of him. There have been no objections
filed with the of�ice of the City Clerk with regard to this Petition. Peterson said that Gerstad
Builders have si;;ned off on the Proposed location of the Pool as required by the subdivision
covenants.
Page 2
ZBA-Peterson
9/26/94
�. QUESTIONS OF FETITIONER BY MEMBERS OF THE BOARD
Chri�tensen aske�d why the Petitioners did not turn the paol so that it could fit intt� the rear yard
as requireci hy <�rdinance. Lobaito said that had been tried but there is no way for the pool to fit
on the site wrthti�ut encroaching into the side yard.
Semrow asked if' the proposed location would comply with all other setback requirement��; with the
sole excegtion ofi the placement in the interior side yard. Lobaito said that is correct. The setback
from rear and irflterior s'rde l�t lines is 8 feet. The location meets that requirement.
Swierk asked the location of the 100% expansion area of the septic system. Lobaito said he is
not sure where that would be located. Swierk expressed concern that the variance be granted and
that the location of the pool may interfere with expansion of the septic field at some }�oint in the
future.
Christensen asked if the Petitioners own the lot to the immediate east of the subject ProPerty.
Peterson said that they own one-half of the lot to the immediate east of the subject pr<��erty. That
is the lot that contains the detention area.
CLOSiNG STATEMENT BY PETITIONERS
Peterson said that this was a model home in this subdivision. They are limited by the exysting
placement of the septic field and the location of the house on the property. This was �re-existing
when they purch.�sed this home this year. Peterson asked that the Board consider their request and
rect�mmend appr<ival t� the City Council.
Chairman Sernrow said, "there being nothing further before this Board with regard to this matter,
� the Board wi11 c��nsider tt�e 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 Petition."
DELIBERATION AND RECOMMENDATION
Motion by Swierk, seconded by McClatchey to recommend to the City Council that
the Petitioners request for a variation as to the location of an in-ground pool in the interior
side yard on the subject premises be granted; and that the McHenry County Health
Department aPprove the location of the pool such that it would not interfere with the 100%
expansi�n area c�f the septic field f�r the subject properiy; and that Table 32, the Approval
Cnteria fc�r Variances, pages 377-378 of the Zoning Ordinance, have been met.
Vcating Aye: Adamsan, Christensen, Kleemann, McClatchey, Semrow, Swierk, Tabeck.
Voting Nay: None.
Not Voting: N�ne.
Abstaining: None.
Absent: None.
Motion camed 7-0.
ADJUURNMEN T
There being not'ung further with reg�trd to this matter before this Board, this hearing was
adjtaurned at 8:3` p.rn.
Respectfull ubmitted,
�f -,� �, ��, �
Hai-ry mrow, Chairman
Zomng Board of Appeals
�-- c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director
�f Building & Zc►ning, Public W�rks Administration, City Att�rney, City Engineers,
Aldermen Reference Copy, Petitioner, Building 8i Zoning Zoning File, Landmark
Commissic>n Chairman, Northwest Herald, City Clerk File. Doc/ZBAIVIIN.382