HomeMy WebLinkAboutMinutes - 9/12/1994 - Zoning Board of Appeals ZONING BOARD OF APPEALS
SEPTEMBER 12, 1944
CITY OF MCHENRY
� IN THE MATTER OF THE APPLICATION )
OF SKIPPER ANDRADE AND LINDA ) Z-381
ANDRADE FOR A MINOR VARIATION ) SKIPPER AND LINDA ANDRADE
PURSUANT TO THE PROVISIONS OF THE ) MINOR VARIATION
ZONING ORDI NANCE 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 September 12, 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, Emil Kleemann, Frank McClatchey, Harry
Semraw, Donna Tobeck. Absent: Richard Adarnson, John Swierk.
2. Attorney for Zoning Board: Kelly A. Cahill.
3. Recording Secretary: Kathleen Kunzer.
4. Directar of Building & Zoning: John A. Lobaito.
5. Petitianers: Skipper Andrade, 1512 North Riverside Drive, McHenry lllinois 60050.
� 6. Attorney for the Pedtioner: None.
7. City Cauncil Members: City Clerk Althoff.
8. Court Reporter: None.
9. Objectors: None.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on August 17, 1994 as required by
zoning ordinance. Puhlisher's Certificate of Publication is on file in the office of the City Clerk.
LOCATION
The property which is the subject of this Petition is located at 1512 North Riverside Drive, McHenry
Illinais 60050. The property is comprised of 3 lots.
SUMMARY
The Petitioners are requesting that a variation be granted to permit the construction of a single family
dwelling on onc; and one-half lots of the subject property. There is already a single family dwelling
on the remaining one and one-half lots. The Petitioners are seeking variation as to the minimum front
yard setback re��uirement of 25 feet and are requesdng a front yard setback of 5 feet. The Petitioners
are also seeking a variation as to the rear yard setback requirement of 25 feet and are requesting a rear
yard setback of 10 feet.
TESTIMONY
Chairman Semrow swore in the witness for the Petitioners:
`- 1) Skipper Andrade, 1512 North Riverside Drive McHenry Illinois 6005Q.
Petitioner Andrade stated that he is reyuesting to be permitted to build a single family dwelling on one
and one-half lo�s of the subject property. He said that because of the size of the lot, he is requesdng
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ZBA-Andrade
9/12/94
� that variations be granted as to the front yard and rear yard requirements of the zoning ordinance. He
noted that lots on erther side of the subject property have akeady been granted similar variations, the
most recent of v�rhich was seven years ago.
OUESTIONS OF PETITIONER BY MEMBERS OF THE BOARD
Christensen said the existing residence is built on one and one-half lots, is that correct? Andrade said
that the home was already built when he purchased the property, and it is built on one and one-half c�f
the three lots. C'hristensen asked if the Petitioner was asking to re-plat the lots. Andrade said he has
been given to understand that he could separate the two parcels off by metes and bounds and that he
would not have to go through a re-subdivision process before the Plan Commission. Lobaita said that
since these are adjoining properties, no re-subdivision would be necessary. The Petitioners would not
be creating more lots than now exist. In fact they are combining three city lots into two parcels which
would be separated out by metes and bounds. If one of the parcels were to be sold off, it would be
defined by metes and bounds.
McClatchey said he has no problem with the proposed variation. He said he is aware that the property
to the immediate south of the subject property went through a similar process about seven years aga.
McClatchey asked if the garage on the lot to the immediate south of the subject property is constructed
on the lot line. Andrade said that is correct but that it poses no problem. He is proposing to erect the
single family dwelling with the garage at the southern portion of the lot.
Christensen asked if the Petitioner is proposing to build a single family dwelling on the parcel with the
variation if it is granted. Andrade sa�d that is conect.
Chairman Semrow said, "there being no further tes�timony before this Board with regard to this
� Petition, the Boaxd will consider the Petition at this time, unless there is a motian to recess by a
member of the Board. There being no moNon to recess, the chair will entertain a motian with regard
to the Petition."
DELIBERATIQN AND RECOMMENDATION
Modon by McClatchey, seconded by Chris�tensen to recommend to the City Council that
the Petitioners request for a variation as to the minimum requirements for the subject properiy
as to front yard setback of 25 be granted to allow a front yard setback of 5 feet; and a variation
as to the minimum requirements for the subject property as to the rear yard setback of 2S be
granted to allow a rear yard setback of 10 feet; and that Table 32, the Approval Criteria for
Variances, pages 377-378 of the Zoning Ordinance, have been met.
Voting Aye: Christensen, Kleemann, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Nat Voting: Nc�ne.
Abstaining: None.
Absent: Adarnsan, Swierk.
Motion carried 5-0.
ADJOURNMENT
There being nothing further with regard to this matter before this Board, this hearing was adjourned
at �:40 p.m.
Respectfully s mitted,
Harry ow, Chairman
Zonin oard of Appeals
� c: Agenda, 7oning Board of Appeals (7}, Plan Commission (7), City Administrator, Direc;tar af
Building �i Zoning, Public Works Administration, Ciry Attomey, City Engineers, Aldermen
ReferencE�Copy,Petitianer,Building&Zoning Zaning File,Landmark Cc�mmissian Chairman,
Northwe�t Herald, City Clerk File. Doc/ZBAMIN.38I
ZONING BOARD OF APPEALS
SEPTEMBER 12, 1994
CITY OF MCHENRY
`,, IN THE MAT'TE R OF THE APPLICATION
OF STATE BANK OF WOODSTOCK TRUST Z-383
4820, DATED JANUARY 4, 1991, ELM ELM STREET PARTNERSHIP
STREET PARTNERSHIP, MERLIN CORPOR- MERLIN/OIL X-CHANGE
ATION, AN ILLINOIS CORPORATION, AND CONDITIONAL USE W/VARIATION
OIL X-CHANGE, INC., AN ILLINOIS
CORPORATION, FOR A VARIATION TO
AND A CONDI'I'IONAL USE PERMIT
UNDER THE CTI'Y 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 September 12, 1994. Chairman Semrow called
the hearing to order at 7:43 p.m. The following persons were in attendance:
1. Zoning Board Members: Randy Christensen, Emil Kleemann, Frank McClatchey, Harry
Semrow, Donna Tobeck. Absent: Richard Adamson, John Swierk.
2. Attorney for Zoning Board: Kelly A. Cahill.
3. Recording Secretary: Kathleen Kunzer.
� 4. Director of Building & Zoning: John A. Lobaito.
5. Peritioners: Vern Schnulle (Elm Street Partnership), 915 Hickory Road, Woodstock, Dlinois
60098; Ron Eriksen (Merlin Corporation), 1 North River Lane, Suite 206, Geneva Illinois
60134; John Felske (�1 X-Change Inc), 600 Livingston, McHenry Illinois b0050.
6. Attorney for the Petitioner: Campion, C�rran, Rausch, Gummerson & Dunlop, P.C.,
represented by Daniel Curran, 8600 Route 14, Crystal Lake Illinois 60012.
7. City Council Members: City Clerk Althoff.
8. Court Reporter: None.
9. Observers/Objectors: None.
NOTICE OF PUBLICATION
Notification of this hearing was �ublished in the Northwest Herald on August 19, 1994. The
Publisher's Certificate of Publicahon regarding this matter is on file in the City Clerk's Office.
Abutting property owners were notified by certified mail of these proceedings. Sub'ect property was
posted as required by the Zoning Ordinance. An Affidavit ascertaming all of the a�ove is on file in
the office of the C'ity Clerk.
L4CATION
The location of the subject property is 3918-3926 West Elm Street, McHenry Illinois 60050 and is
comprised of 1.73 acres.
L
SUMMARY
The subject property is currently zoned C-5 Highway Commercial District pursuant to the City of
McHenry Zoning ()rdinance. The Petitioners are requesting that the subject property be
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ZBA-Elm Street Partnership (Merlin/Oil X-Change)
9/12/94
�, granted a conditional use to permit the construction and operation of a dual business automotive repair
center, namely a muffler shop and an oil exchange. The Petitioners are seeking the granting of a
variance as to the minimum lot width in a commercial district for lots abutting arterial streets. The
ordinance provides for a minimum lot width of 200 feet. The subject property is 190 feet wide.
TESTIMONY
Chairman Semrow sware in the following witnesses for the Petitioners:
1 Vern Schnulle, 915 North Hickory Road, Woodstock Illinois 60098
2 Timothy Hartnett, Smith Engineering, 4500 West Prime Parkway, McHenry Illinois 60050
3 Ronald Eriksen, Merlin Corporation, 1 North River Lane, Suite 206, Geneva Dlinois 60134
4 Jahn Felske, Oil X-Change, 600 Livingston, McHenry Illinois 6005Q
5 Art Bieneman, 1000 Brown Street, Wauconda Illinois.
The first witness for the Petitioners was Timothy Hartnett. Hartnett stated that he prepared the Site
Plan for the project which was submitted as Exhibit F as a part of the Petition. When the Site Plan
was prepared, taken into consideration were storm water management plan, working with Illinois
Department of Transportation (IDOT) and the city regarding the best means of ingress/egress to the
site, and determination as to the compatibility of the proposed uses with the surrounding e�sting uses
in the neighborhood.
Hartnett provided the Board with the zoning and current uses of the abutting properties. Petirioners'
Exhibit G, which identifies the surrounding land uses, was presented to the Board. Hartnett said the
subject property naturally drains to the north. The Petitioners will use a catch basin which will release
to an on-site retention site. This will reduce the already e�usting storm water run-off. The storm
water management of this site should improve the natural condition of drainage in this area as it is
� now.
Hartnett said that originally the Petitioners planned to have an access point to the property which
would be located in the middle of the southern property line on Route 120. The current site plan
shows the access point at the southwest corner of the property; it would be adjacent to the Superwash
entrance to their site. Traffic would flow around the building and e�rit onto Route 120.
Hartnett said there are six proposed bays for the muffler shop - four in the front of the building, two
in the rear of the building. Hartnett said that stacl�ng space could be accommodated on the east side
of the building. The required parking for the site would be based upon 4.5 spaces per 1,000 square
feet of floor space. The minimum allowed would be 29 spaces. The site plan indicates 38 spaces
which exceeds the minimum required. The question was raised as to any proposed improvements to
Route 120. Lobaito said there is a proposal for two eastbound lanes, two westbound lanes with a two-
way suicide turn lane in the center of the roadway.
Hartnett presented a proposed landscape plan for the site. He indicated there would be adequate
screening on the site with special consideration given to the residenrial use to the immediate east of
the subject property. There would be a parking screening strip on the south property line.
Hartnett said that the variarion is being rec�uested due to the physical characterisrics of this property.
It does not meet the minimum of 200 feet in width as required for properties abutting arterial streets.
However, it meets and exceeds all minimum setback requirements. Hartnett said that many of the
pernutted conditional uses in the C-5 District would be much more intense as far as traffic generated
than the proposed uses as automotive repair facilities. Other uses would create a higher volume af
traffic. It is anticipated that the muffler repair/replacement facility would generate 2-3 vehicles per
hour. The oil exchange facility would generate approximately six cars per hour.
�
QUE5TIONS OF THE WITNESS BY MEMBERS OF THE BOARD
Tobeck asked if tht� front of the building would face Route 120 (south). Hartnett said that is correct.
Tobeck asked the ��roposed location of the office portion of the businesses where clients would pay
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ZBA-Elm Street Partnership (Merlin/Oil X-Change)
9/12/94
`, for and request service at the facilities. Hartnett said the offices would be located on the south side
of the building. Tobeck asked the Petirioners to consider changing the proposed location of the
handicap�ed accessible spaces as they would be too far away from the proposed offices. Curran said
the Petihoners would comply with this request.
McClatchey asked if all entrances/exits from the site would be from Route 120. Is there a possibility
of finding another means of egress/ingress either with the Superwash or to the rear through the
Firestone parking lot? Hartnett said there is a 15% grade difference between the Firestone parking
lot and the subject property. Good engineering practice would prohibit using this area as a means of
egress/ingress to the property. McClatchey said he would be more comfortable with a second exit
from the site. Schnulle sai'd there is not means at the cunent time of providing a second exit from
the property. The only way it would be even remotely possible would be to use very high retaining
walls.
Christensen asked if there had been any consideration given to means of aceess by fire department
vehicles on the site with the way that the site plan has been drawn. Hartnett said the project has not
been reviewed by the fire district yet. Christensen asked if there is a reason why the building is not
being pushed back further on the site so that the front of the building would be more in line with the
Superwash building. Hartnett said the retention area and site determined the location of the building
on the site. Christensen said he has concerns regarding the sight distance from the intersection of 31
and 120 and the entrance to this property on 120. Hartnett said IDOT has appraved the site plan as
presented at this hearing. Christensen sa�d he would prefer to see an earit onto the Firestone �arking
lot. Hartnett said that could not be done because the grade of the exit drive wauld be approximately
15%. Ideal grade as specified by city engineers is 8-10%. Schnulle said that when Firestone bought
their property they obtamed a parldng easement for the northeast portion of the subject property.
� Access to that portion of the subject property for which the parking easement has been granted would
not be possible because of the grade differential.
Semrow asked the distance between the Superwash access drive and the proposed access point of the
subject property. Hartnett said it would be abutting the Superwash access pomt. It would be basically
a shared access point.
Kleemann asked if the Petitioners were antici�ating any outside storage on this site. Curran said there
would be none. Kleemann said that the mirumum landscaping requirement would be at least 10% of
the parking area. Would the Petirioners meet that requirement? Hartnett said the landscape plan
indicates there would not be difficulty in meering and exceeding that rec�uirement. Kleemann asked
if the Petitioners were planning to manage the potential storm water dramage problems which could
arise on the site. Hartnett said the retention area addresses this concern.
Christensen said the conditional use is for the operation of an automotive repair facility. Lobaito said
the proposed use is a permitted condirional use within the confines of the C-5 District.
TESTIMONY
The second witness for the Petitioners was Ron Eriksen. He stated that he is the Division Manager
for the Midwest Development of Merlin Franchising Inc. He stated that the Merlin Muffler Shop
would be an under-car care facility. He produced a rendering of the proposed facility. The Merlin
portion of the proposed building would the west part of the structure. Curran asked if there appeared
to be adequate parking to meet the needs of the proposed facility. Eriksen said it should be adequate.
Eriksen anticipated approximately 15-18 clients per day would be using the services of the facility.
Cunan asked Erik.sen if he had any concerns regarding the availability of stacking space on the site
as proposed in the site plan. Eriksen said he did not. Any possible stacldng problems could be
�- handled on the east side of the building where the aisle width could accommodate any stacl�ng needs.
It was also pointeci out again that the proposed parking exceeds the minimum requirements of the
ordinance. Curran said the proposed use should be compatible with other uses in this neighborhood.
Other permitted C-5 retail uses would generate far more traffic than this development would.
Page 4
ZBA-Elm Street Partnership (Merlin/Oil X-Change)
9/12/94
� Curran asked Eriksen if there would be any outside storage on the site. Eriksen said there would not.
There would be some storage of oil; however, it would be stored inside of the building. Curran asked
if there would be any overnight parlQng of vehicles. Eriksen said that would be a rare occasion;
however, they would be stored inside of the building. Eriksen said there is a demand for this type
of facility in this specific area. There are in excess of 48,000 vehicles within a 5-mile radius of this
site. Eriksen affirmed the A�proval Criteria for Condirional Use and the ApprovaI Criteria for
Variances as stated in the Petihon.
OUESTIONS OF THE WITNESS BY MEMBERS OF THE BOARD
Chnstensen asked the proposed hours of operation. Eriksen said the typical hours would be:
8 a.m. - 6 p.m. on Monday through Friday
8 a.m. - 2 p.m. on Saturday
Closed on Sunday.
Christensen said that with the elevation of the building, would there be any problems with noise
generated by the operation which would cause a problem for neighbors in the area. Eriksen said that
acetylene torches are used and there would be very little if any noise generated by this operation.
There wauld be parking lot lighting and arc lighting on the building. With regard to the sign for the
business, Eriksen said it would consist of muted colors.
Semrow asked if this would be a franchise operation. If so, how would the company control things
such as maintenance of the site, outside storage, etc. Eriksen said that an agreement would be signed
which would be very strict as to the maintenance of the site. There would be monthly inspections and
maintenance reports which must be filed. Semrow asked if the hours of operation are standard, or
could the franchisee potentially have the right to set his own hours. Eriksen said there are certain
� minimum hours when the operation must be open. The franchisee may choose to stay open longer,
if permitted by the City. Semrow asked if there would be any hazardous waste on site. Eriksen said
there wauld be some cleaning solvents and used oil which would have to be hauled away by a licensed
hauler. Semrow asked if they would conduct oil changes. Eriksen sen there would be some. There
would be no underground storage tanks. Semrow asked the types of vehicles which would be able
to use the site. Eriksen said the facility could handle cars, pick up trucks, RV's and light duty trucks.
There would be standard-sized bays. There would be one bay with a 9,000-# lift and one bay with
a 12,000-# lift to accommodate RV's.
TESTIMONY
John Felske was the next witness for the Petirioners. He is President of Oil X-Change Inc. Felske
said there would be no pits in the building. There would be designated drivers who would take the
customers car which has been dropped off at a site by the office. The designated drivers would bring
the vehicles into the service bays. In essence, there would be a valet service. The facility would
handle such things as oil changes, transmission fluid change, and radiator flushes. It was anticipated
that there would be approximately 60 vehicles per day going through the oil change process. This
would translate to approximately 6 vehicles per hour. There are four service bays being proposed for
this business.
Felske said the waste oil would be contained in a pit area. It would be untouched by human hands
and would be picked up by a licensed waste hauler. There would be no outside storage nor overnight
parldng of vehicles on this site. Curran asked if there was a demand for this type of facility at this
location. Felske said that with the 48,000 cars within a 5-mile radius of this site, there should be no
problem with getting 60-70 vehicles per day using these services. People do not like to wait for such
a service. This should help to accommodate the residents of this area.
� Felske affirmed thf� Approval Criteria for Condirional Use and the Approval Criteria for Variances as
stated in the Petition.
Curran stated that the owner of the property, Elm Street Partnership, would erect a single building
Page 5
ZBA-Elm Street Partnership (Merlin/Oil X-Change)
9/12/94
� which would be leased to Merlin Corporation and Oil X-Change. There would be one building
constructed with two tenants.
QUESTIONS OF THE WITNESS BY MEMBERS OF THE BOARD
Chnstensen asked how many employees would be generated by this development of the site. Eriksen
said there would be a�proximately 3 to start off with for Merlm. Felske said there would initially be
4-S emplayees for Oil X-Change. Felske said the hours of operation for Oil X-Change would be
similar to Merlin's. They may be open on Sundays from time to time.
CLOSING STATEMENT BY PETITIONERS
Curran said this is not an easy property to develop considering the topography of the site. It is zoned
C-5. The variation requested is to permit construction on the property with less than the minimum
200 feet of frontage on the arterial street as required by ordinance. There is an existing frontage of
190 feet. There are approximately 191 uses which could be permitted as a conditional use on this site.
The use that is being proposed is one that would generate the least amount of traffic which would
impact this area. IDOT has allowed the proposed access to this site. A use is being proposed with
minimal traffic to and from the site. The traffic flow is being managed in the best way possible. The
landscape plan, the site plan and the building plan as presented v�nll upgrade this area as shown.
Curran said that it is the request of the Peritioners that the Board recommend to the City Council that
a variation be granted as to the minimum lot width and that a conditional use permit be granted to
pernut this use on this site.
Semrow said he would like confirmation that there would be concrete curbing to separate the
landscaped areas from the parking surface. Hartnett said that is correct.
�"' 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
Petition."
DELIBERATION AND RECOMNiENDATION
Motion by Christensen, seconded by McClatchey to recommend to the City Council that
the Fetirioners request for a Conditional Use to permit the construction and operation of an
automotive repair facility containing two businesses within one building be granted; that the
City Council provide direction as to the hours of operation for this facility; that the possibility
of a second exit from the site through the Firestone parl�ng easement or a combined exit with
Superwash property be researched by City Council and staff; and that the Approval Criteria for
Conditional Use, as found in Table 31, Pages 357-358 of the Zoning Ordinance have been met;
and that the Petitioners request for a Variation as to the minimum lot width of 200 feet along
an arterial street to allow a minimum lot width of 190 feet be granted; and that the Approval
Criteria for Variances, as found in Table 31, Pages 377-378 of the Zoning Ordinance, have
been met.
Voting Aye: Christensen, Kleemann, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Adamson, Swierk.
� Motion carried 5-0.
McClatchey urged the Petitioners to contact the property owner to the west in an effort to gain a
common exit throu;h the rear of their site to alleviate potential traffic problems on Route 120.
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ZBA-Elm Street Partnership (Merlin/Oil X-Change)
9/12/94
� ADJOURNMENT
Motian by Christensen, seconded by Tobeck to adjourn the hearing at 9:03 p.m.
Voting Aye: Christensen, Kleemann, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaimng: None.
Absent: Adamson, Swierk.
Motion carried 5-Q.
Respectfully su mitted,
Harry row, airman
Zonin oard of Appeals
c: Agenda, Zoning Board of Appeals ('�, 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, Landmark Commission
Chairman, Northwest Herald, City Clerk File.
Doc/ZBAMIN.383
�