HomeMy WebLinkAboutMinutes - 4/18/1994 - Zoning Board of Appeals ZONING BOARD OF APPEALS
APRIL 18, 1994
CTTY OF MC�NRY
�N TI�MATTER OF TI�APPLICATION �378
OF WALTER J. DAM6ROWSKI AND DAMBROWSKI
JOAN H DAMBROW SKI FOR A 4910 WEST EI M STREET
CONDITTONAL USE PIItMIT PURSU CONDTTIONAL USE PIItMIT
TO Tf-�ZONIlVG ORDINANCE OF Tf�
CITY OF MCHINRY,MCHE1�iRY
COLJNTY,ILLINOIS.
REPORT OF THE
ZONING�OARD OF APPEAIS TO THE
C1TY COUNCII.,Cfii'Y OF MCHINRY,ILLINO�S
A hearing on flie above-captioned pe�tion was held on Apri118, 1994. Cha.irman Semrow called ti�e hearing to order at 7:35 p.m.
The following peisons were in attendance:
1. Zoning Board Membeis: Richard Adamson,Randy Christensen,Frank McClatchey(newly appointed to replace Wayne
D�on who resigned),Hany S�nrow, John Swi�,Donna Tobeck Absent Fmil Kleemann.
2. Atbomey for Zoning Board: Dave McArdle.
3. Recording Secrehuy: Kat3�lee,n Kunzer.
� �. Director of Building&Zoning: John A Lobaibo.
5. Pe�tioner: Walter J. Dambrowsl�, 100 Landmeier Road,Elk Grove Village, Illinois 60007.
6. Attomey for Petitioner: None.
7. City Council Memb�s: None.
8. Court Reporter. None.
9. Objectors/Obselvers:
1. James L. Behnke,4916 West Eltn Stree�McHenry.
2. Carol L. Bremer,4909 West Home Avenue,McHenry.
3. Cathy Moseley, 4917 West Home Avenue,McHenry.
4. Marge Frankliq 4905 West Home Avenue,McHenry.
5. Josephine Rizzo,4903 West Home Avenue,McHenry.
Frank McClatchey was in�duced to the Board and welcomed on ti�eir behalf by Chairman Semrow.
NOTICE OF PUBLICATION
Notification of ti�is hearing was published in the Northwest Herald on Mazch 26, 1994. Publishex's Catificate of Publication is on
file in the office of the City Clerk. All abutiing property owne�s were notified of these proceeciings. The subject properiy was posted
�.as required by Ordinance. A�'idavit of service is on file in the office of the City Clerk.
Page 2
ZBA-Dambrowski
Apiil 18, 1994
`"LOCATION
The subject prope�ty is loca�ed at 4910 West Elm Stree�McHenry,lllinois 60050 and is comprisad of tiu�ee contigi,wus lots which
are appn�ximately 60'x 125' each. The wning for the subject property is GS Highway Commercial.
SUIVIlVIARY
The Petitioners are requesting ti�at the subject pn�periy be granted a Conditional Use Pe�xnit to allow�e ope�ation of an automobile
body repair facility on the premises.
TESTIMONY
Chaimian Semrow swore in tiie following witnesses for the Petitioneis:
1. Walter J. Dambrowsl�i, 100 Landmeie�Road,Elk Grove V'illage,Illinois 60007.
2. R�Olsen, 7302 Bamard Mill Road,Wonder Lake Illinois 60097.
Dambrowski gave flie history of ti�e site. He and his wife purchased ti�e propeaty several yea�s ago. He believes d�at ti�e proposed
use would be less offensive to ti�e surn�unding neighbo�s than�e motorcycle repair business which previously occupied ti�e site.
The aubo body repair business is a low impact business. There would be no haffic or noise generated by ti�e business. Vehicles
which are dropped offfor repair would be there for seveial days;ti�ere would be li�le client haffic to or from ti�e site. Most of d�e
�affic generated by ti�e proposed use would be fiz�m employees. There is much less t�affic gener�ci by an aauro body repair facility
ti�an would be created by an auto repair faciliry(such as a muffier shop,tire shop, etc.).
Dambrowski said ti�at he and his wife would continue tc�own t�e property,however,ti�e business would be managed by Re�c Olsen.
�.:t is also a possibility ti�at Olsen would eventually purchase the properiy and business from ti�e Petitionets.
Dambrowski said it is his intention to bring back the buildings (there are two which abut each oti�er on the site) back into ti�e
condition which they were in tilrce to four yeais ago. The site would be propeaiy maintained at all times. There would no longer
be a Ryder Tnxck Rental facility on site or Hea�tland Sheds for sale at this location.
Qi1ESTIONS BY MIIVIBERS OF T�BOARD
Adamson asked the natur� of ti�e machinery which would be used in the auto body repair ope�arion. He said he had concans
regarding possible noise and fumes. Dambrowski said ti�ere would be a fiame rack. There would be no more noise ti�an would
be generated by semi-t�acto�s driving on ti�e highway. Adamson asked if ti�ere would be fumes emanating from ti�e site.
Dambrowski said fumes would be collected widi filtas and ti�ere would be a fume cap. Dambn�wski said ti�ere would be no
n�nning vehicles inside ti�e building. There would be no anti fi�eze spilled. There would be much dust in�e building. It would
be swept up and disposed of in an appn�priate manner.
McClatchey asked where crashed cais would be stored while ti�ey are awaiting repair. Dambrowski said ti�ey would be stored inside
ti�e building. ff ti�ere was a need to store ti�em outside once ti�e business grows, ti�e area where ti�ey would be stored would be
appropriately screened from view. McClatchey asked if ti�e auto body shop which the Pe�rione�s own and operate in Elk Grove
V'illage is adjacent to a residential dist�ict as it is here in McHenry. Dambrowski said it is not McClatchey asked if t�e oil dcums
located at ti�e rear of the building would be removed from the site. Dambrowski said the previous tenant was instructed to remove
all remnant�from his motorcycle r�air business prior to May 1, 1994.
�hristensen asked if�ere would be a lift in addition to the fiame rack Would ti�ere be chemicals stored on site? Dambmwski said
`..�aint and solvents would be ti�e major cheanicals stored and ti�ey would be properly sb�red on site. Dambn�wski said it is tare ti�at
torches are still used in the auto body repair business ti�ese days. There would be no acerylene b�rch. Christensen asked ti�e number
of cais which would be stored inside of ti�e building. Dambrowski said approximately 11 cars would frt inside ti�e building.
Cl�ristensen asked if ti�e Petitioners planned bo store cais on Chuck Fans�m's lot which is adjacent to ti�e subject property on�e
east side. Dambrowski s�ud no vehicles would be stored on ti�e Femstrum Properly.
Page 3
ZBA-Dambrowski
April 18, 1994
� 3wierk asked if ti�ere were presenfly any inte�ior floor drains in ti�e buildin�s. Dambrowski said ti�ere is a triple basin dtain in the
second building. Swierk asked if there was City water and sew�available t��e buildings. Was ti�e well indicat�ed on the plat of
survey abandoned? Dambrowsl�said City water and sewer are connec�ted at ti�is time. The well has been abandoned. Swierk asked
if ti�e Pe�tioner would be amenable to the Zoning Board recommending ti�at t�e outside storage be limited to refuse disposal. Wou1d
ti�e PeMioner be willing to come back to the Zoning Board of Appeals if he found it neces,s�y to sbore vehicles outside of the
buildings. Dambrowski said ti�at was accep�able,aldiough he d�ought that the outside srorage of vehicles could be considered a use
associated witi��is type of geneial use of the propen.y. Dambrowski said�at if he eventually needed to store vehicles outside of
�e buildings, he would make sure that screening was provided. Swierk asked if d�e Pehtioner would utilize guard dogs.
Dambrowski said ti�at if all vehicle storage was maintained witi�in ti�e building,s,dogs would not be necessary. He does not anticipate
using guard dogs.
Semrow aske�i how ti�e Petitioner would scxeen vehicles which may be sbored outside of ti�e buildings. Dambrowsl�said he would
install a slatted cyclone fence. Semrow said ti�at the Board must consider certain Approval Critenia before a recommendation could
be made. The Criteria were stated widiin ti�e context of the Petition, however, ti�e Chainnan was not satisfied with ti�e on�word
responses which were provided. Cha.irman Semrow asked the Peritioner to address each of ti�e Approval Criteiia for Conditional
Uses and a�pand upon his written responses. 1he P�itioner complied widi this request and adcire.ssed each of ti�e Criteria.
Semrow asked if ti�is use would generate hazardous waste. Dambrowski said tiiat he dces not anticipate ti�is business generating as
much as 150 gallons of hazardous waste pe�-year. Semrow asked about paiticulabe matte�-which could be created by dvs business.
Dambrowski said particulate maxter would be caught in t�e spray booti�and filtered ouk
Christa�sen asked if an e�chaust system would be added to ti�e building. The Pe�tioner said ti�ere would be an additional filter in ti�e
�.spray booti�. Christensen asked if ti�ere would be a compressor in the building to power ti�e air guns. Could there be conside�able
noise generated by ti�e air compressoi'? Where would ti�e compressor be located? Dambrowski said t�ere would be a compressor
which would be located in a sealed mom in ti�e nort�east comer of ti�e building. Christensen asked where deliveries would be made
to ti�e business. Dambrowski said he would accept deliveries eiti�er in d�e fiz�nt of the building or at t�e rear. Deliveries would be
made by small straight job irucks and not semi-hacto�s.
Semn�w asked if ti�e Petitioner would use air chisels or otlier air impact bools. Dambrowski said ti�ese tools would be used inside
of ti�e buildings and would not be heard by ti�e adjacent residents.
Semrow asked�e proposed frequ�cy of�noval of scrap metal from the site. Dambrowski said ti�ere would be a hauler who
would pick up scrap mate�ials on a regular basis. Dambrowsl�i said tiiat at his site in Elk Grove V'illage,there are a�pn��mately thrce
pickups per year of a 12 cubic yard dumpster full of saap mabe�ials.
Cluistensen asked where d�e scrap metal would be stored. Dambrowski said he would anticipate sb�rage betwcen ti�e fence at the
nortii properry line and the north side of t�e building.
Lobaito asked what types of hazardous matexials would be used. Dambrowski said ti�at would include painis and tiin�neis,but mostly
solvents. Dambn�wski said ti�e hazardous waste materials would be stored in closed 55 gallon dnims on ti�e e3�terior of ti�e building.
All EPA requirements would be mek
Lobaito indicated ti�at outside storage is pe�mitted only as a conditional use in a GS District
�aemn�w asked if ti�e Petitioner would be adding g�en space to ti�e site;would landscaping be provided? Dambrowski said he would
comply with ordinance requirements.
Page 4
ZBA-Dambrowski
Apri118, 1994
�wierk asked if fliere was an area where pavem�t could be removed and additional green space pn�vided on flie site. Swierk said
�ti�at the fence on t�e north property line dces not exte�d a11 ti�e way to ti�e east property line. Would the Petitioner be willing to
e�end ti�at fence. Dambrowski said the f�ce would be e�ended to ti�e east property line. The dumpsber would be locatad in the
area where ti�e fence would be�tended. Swi�k asked if the scrap meal would be smred outside of ti�e building. Dambrowski said
he would like to store it outside.
Semrow asked how often the hazardous waste would be collected from ti�e site. Dambrowski said ti�at it would be picked up at least
once per year. It would be removed fmm ti�e site in a timely manner. Dambrowski said t�ere would be two 55 gallon diwns for
hazardous waste storage and fliey would be picked up at least once per year. Semrow asked if ti�ere would be any odo�s emana�ng
from tlie dmms. Dambrowski said ti�e dn�ms would be closed. The only time ti�ere could be any odor would be when ti�e lid is
open to add m ti�e waste.
Swierk asked if the Petitioner anticipated any int�ior upgtades to tiie building. Dambn�wski said he will upgrade ti�e building.
Lobaito said ti�e site plan indica�es 10 pa�ing spaces;is ti�e plan drawn to scale? Dambrovvsl�i said ti�e site plan is not drawn bo scale.
Lobaito asked where tiie potential ouiside sborage of vehicles would be located on ti�e site. Lobaito said the west half of ti�e open
area could conceivably be outside storage ultimately. Lobaito said t�is would have to be scroened. Dambn�wski said he would
comply witi�requirements of ti�e on�iinances. Lobaito said it is not certain if ti�e Pe�rioner would meet d�e parking requirements of
�e ordinance. McArdle said ti�at inasmuch as the Pe�tioner is not requesting a variance as to ti�e parking requirenients,ti�ey would
have�be met on tiie site. Semmw said ti�e available outside storage would be dicta�d by ti�e amount of space which is left over
after the parl�ig requirements are mek
�.aemrow asked if ti�e Petidoner is planning b�repair and paint tiie existing fencing. Dambrowski said that is corract. Dambrowski
said he would not be opposed to putting in plantings, as well.
Christensen asked if tiiem would be off-site parking in Chuck Femslrom's lot which is adjacent t�the east of ti�e subject properiy.
Dambmwski said he would not park on d�is propeiiy.
Semrow said that inasmuch as the Petitioner did not specifically request eit�er in his pe�tion or in his published notification,ti�at the
condirional use be granted to permit outside srorage on t�is properiy in conjuncction witi�die atzro body repair business,outside storage
would not be permitted on this site. Out�ide sborage is spacifically and separaxely identified in�e wning ordinance as a distinct and
separaxe pennit�ed conditional use in�e C-5 district Since the notice requu�ement has not been met regarding ti�e specific use,the
Zoning Board cannot consider ti�e Petitiona's request for outside storage at this time. That request is not before t�is Board. The
Petitioner would be required to submit anoti�er application and meet all of ti�e notice requirements, pay all fces, etc. and bring dvs
matter before ti�is Board,before ti�is could be considered by ti�e Board and a recomm�dation made to ti�e Ciry.
Lobaito asked if ti�e sciap metal could be stored inside ti�e building,oti�awise,half of ti�e lot could be taken up widi�e sborage of
scrap metal. Olsen said that he could anange for weekly pick up of sctap mehal. Se�nrow said ti�at ouiside sborage would encompass
scrap metal, as well as outside storage of vehicles. Dambrowski said t�iat he ti�ought oulside sb�rage of vehicles would be a part of
t�e proposed use.
QUESTIONS OF THE PETITIONER BY OBSERVERS�OBJECPORS
James Behnke: How do you plan bo sb�re tires? What will you do wit�t�e�m? Dambrowski said ti�is type of business dces not
;enerate tires for which there is a need of disposal. ff there are tires,t�ey would be removed by ti�e supplier. Behnke asked if t�e
�.�usiness would remain in the owne�hip of Walter&Joan Dambn�wski. The Petitioner said ti�at is corre�operation of the facility
would be managed by Olsen.
Page 5
ZBA-Dambrowsl�
April 18, 1994
��ati�,�seley She stated ti�at she had concems regarding ti�e storage of saap metal and hazardous waste materials. She wanted
assurance that ti�e dn�ms would be sealed and childpmof as ti�ere are many children in ti�e area. Dambrowski said ti�e drums would
be properly sealed. The dnuns would be fenced in. Moseley asked if the painis contained lead. Dambrowski said they do not
Josephine RizzA: When they strip cars,where do t�e dust and paint chips go? Dambrowski said ti�at would be particulate maxter
which falls to t�e floor. It would be swept up and disposed of in an appropriate manner.
James Behnke: What is die size of dvs business in relationship to McHenry Aubo Body which is located down ti�e strcet from ti�is
site. Dambrowski said�iis building is 5,500 squane feet, McHenry Auto Body is approximately 8,000 square feet.
Carol Bremer: What abc�ut spills of hazardous mateiials? If there should be a spill and my propeity floods again as it did last year,
ti�ere may be contaminabon of my property. All properties in t�is vicirury seem to dtain bo my property. Dambrowski said ti�at all
precautions will be taken so ti�at ti�ere would be no hazardous spill.
Semrow asked how large a quantity of liquid would be carried to ti�e cirums at any one time. Dambrowski said no more than two
gallons.
Lobaito said ti�ere would most likely be a double containment system for ti�e dtums. This would be addressed during ti�e pe�mit
issuing pr�cess.
Carol Bremer: She stated ti�at she had concems negarding the noise issue. Dambrowski said t�at ti�ere could be periods of time when
machinery would be used�at could be heard ouiside of the building,but ti�at pe�iod of time would probably be no more t�an 45�0
`.minutes at a time. Dambrowski said there is at least 150 feet between ti�e rear of his building and t3�e nearest home. Bremer said
she also had concems re�;arding ti�e potential dust problems. Would ti�e dust be contained widiin the building? Dambn�wski said
ti�at he anticipated no funies or dust leaving ti�e building.
James Behnke: He said he was conce�ned regarding junk vehicles being parked in ti�e lot adjacent to his properiy. Dambrowski
said he would be storing ti�e vehicles inside his building.
Swierk asked how ti�e dust could be contained inside �e building on a nice windy day when ti�e doo�s would all be open.
Dambrowski said�e filtra�ion system would remove most of the dust pazticles from the air.
Christensen asked if�ere is an overhead door on the west side of the building. Dambrowski said�ere is not Lobairo asked if ti�ere
is an e�aust system for the building. If ti�is is an auto repair faciliry,d�ere should be a building e�haust system. Dambrowski said
it is not necessary. Vehicles are not n�nning inside of the building.
CLOSING STATIIVIENT BY PE1TI'IONERS
Dambrowski said he has always beai a good neighbor. He said he would address ti�e ciry's concems and questions as ti�ey arise.
The proposed use would be much more quiet ti�an�e pnevious tenant who did motorcycle sales and repair. In addition ti�ere would
be no customeis coming and going to and fir�m the site t�iroughout the day. This proposed use will cause less impact on �is
neighborhood ti�an the use which was previously established here.
STATIIVIENTS BY OBSERVER.S�OBJECPORS
�ha.imian Semrow swore in the following observeis/objecto�s prior to statsments being made for the record:
�
James Behnke: "Mr.Da�nbrowski fielded all of ti�e questions well. He answered all of my questions. I am no longer an objector.
I feel very s�ngly about Mr. Dambmwski's honesty. We boti�opened our businesses at d�e same time. Any problems we have
had in the past have always bcen addresse�i right away. Walter will do what he says he will do. My concems regarding outside
storage of junk vehicles have been addressed."
Page 6
ZBA-Dambrowski
April 18, 1994
�'"Cati�v Moselev "I have no objecaons to this proposed use. This will be betta-ti�an motorcycles nulning up and down t�e strcet.
I hope tilat you would be a responsible pe�son insofar as ti�e safety of the children in the neighbo�ood. The hazardous waste should
be fenced offwidi a cyclone fence."
ADDITIONAL OUESTIONS BY NIII��IBERS OF THE BOARD
Swierk asked if ti�e Petitioner would not consider movirig ti�e location of ti�e overhead door on ti�e building to ti�e west side of the
building. Then he could consider c�ing ti�e area to the rear of the building so ti�at the dnams could be sb�red there wit�no dang�
of spill or contamination to the residential lots to the north. If there were a spill of some type,it would be contained within the curbed
area. Semmw said that issue is not before t�is Boani;ti�at is not a zoning question. Dambrowski said he would be willing to put
in a concrete pad outside of the norti�east comer of ti�e building. He said he would s�re t�e hazardous waste and refuse disposal
containeis on ti�e slab.
Swierk asked if ti�is Petitioner's request was granted,would ti�e Conditional Use permit be gtanted to ti�e Petitionas or to t�e subject
properry. McArdle said the Conditional Use pemiit would go widi ti�e property. As long as t�e use is in place ti�e Conditional Use
pennit would be valid.
DELIBERATION AND RECONIMINDATION
Motion by Chrisbensen, seconded by Adamson to recommend bo ti�e Ciry Council that:
ti�e Petitioners'request for a Conditional Use Pe�mit to a11ow ti�e operation of an aub�body repair facility on ti�e subject premises
be granted; diat all hazardous materials storage requirements be me�and that the Approval Criteria for Conditional Uses,Table
`, 31,page 357-358 of�e Zoning O�iinance have been met.
Voting Aye: Ada�nson, Christensen, Semn�w, Tobeck
Voting Nay: McClatc;hey, Swierk
Not Voting: None
Abstaining: None
Absent Kleemann
Motion carried 42.
ADJOL�RNMENT
Motion by Christensen, seconded by Tobeck to adjoum ti�is hearing at 9:15 p.m.
Voting Aye: Adamson, Christensen,McClatchey, Se�nrow, Swierk, Tobeck
Voting Nay: None
Not Voting: None
Abstaining: None
Absen� Kleemann
Motion canied 6-0.
�
Page 7
ZBA-Dambrowski
April 18, 1994
�
RespectfiillY subm�i,
�
Hairy Semrow, Chairman
Zoning Boud of API�
c: Agenda,Zoning Board of Appeals(7�,Plan Commission('�,City Administrator,Director of Building&Zoning,Public Works
Administration, City Attomey, Petition�'s Attomey, City Faiginee�s, Obseive�s/Objecb�rs (5), Aldermen Reference Copy,
Building&Zoning Zoning File,Landmark Commission Chauman,Northwest Herald, Ciry Clerk File.
Doc./ZBAMIl�T.378
�
�