HomeMy WebLinkAboutMinutes - 1/3/1994 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JANUARY 3, 1994
� CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
OF SMART SMR i)F ILLINOIS INC AND ) Z-375
C & A LEASING CORPORATION FOR A ) SMART SMR OF ILLINOIS AND
CONDITIONAL U'iE PERMIT AND ) C & A LEASING CORPORATION
VARIATION OF "fHE ZONING ORDINANCE ) CONDITIONAL USE PERMIT
OF THE CITY 01= MCHENRY, MCHENRY ) AND VARIATION
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 January 3, 1994. Chairman
Semrow called the hearing to order at 7:32 p.m. The following persons were in
attendance:
1. Zoning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon, Emil
Kleemann, Harry Semrow, John Swierk. Absent: Donna Tobeck.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
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5. Petitioners: Smart SMR of Illinois represented by Opanyi Nasiali of the
Whalen Corporation, 1051 Perimeter Drive, 3rd Floor, Schaumburg, Illinois
60173; C & A Leasing represented by Charles P. Miller, 1617 North Draper Road,
McHenry Illinois 60050.
6. Attorney for the Petitioners: None.
7. City Council Members: None.
8. Court Reporter: None.
9. Objectors: None.
NOTICE OF PUBLICATION
Notificatior� of this hearing was published in the Northwest Herald on December 9,
1993. The Publisher' s Certificate of Publication regarding this matter is on file
in the City Clerk's Office. Notices were mailed to all abutting property owners of
record in the McHenry County Collector's Office. Subject property was posted as
rPquired.
SUMMARY
The Petitioners are requesting that the subject property be granted a Conditional Use
Permit to construct and operate a 350 foot high self-supporting steel tower and a 200
square foot shelter to house electronic equipment for a two-way mobile radio
� communications facility. Atop the tower would be mounted three whip antennas (15
feet tall each) which would eventually be replaced with nine panel type antennas (4'X
1' each) .
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�'" The Petitione��s are re uestin that a variance be
q g granted as to the follawing with
regard to the subject property:
1) Approval to exceed the 55 foot tower height limitation in order to allow the
proposeci 350 foot tower;
2) Approval of a ten foot separation between the tower and the equipment shelter
as opposed to the three foot separation required by the City Zoning Ordinance.
LOCATION OF SUBJECT PROPERTY
The property whi ch i s the subject of thi s peti ti on i s 1 ocated at 1805 North Dot
Street, McHenry Illinois 60050.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
1) Opanyi Nasiali , Whalen Corporation, 1051 Perimeter Drive, 3rd Floor,
Schaumburg, Illinois 60173.
2) Charles P. Miller, 1617 North Draper Road, McHenry Illinois 60050.
Petitioner Nasiali said that he had no further testimony to provide in addition to
the completed application.
UESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD
Swierk asked the specific use of the tower. Nasiali said the facility would
implement a system commissioned by the FCC. The facility would provide two-way radio
service for taxis, emergency vehicles and it would be available for service to the
public as well , specifically for fleet-type of uses. This is a digital system.
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Swi erk asked i f there i s a ci ty al arm/al ert system i n thi s area of the ci ty and
stated that this might be a good location for an alarm to be installed. Lobaito said
he is not sure if there is an alarm on the west side of town. He stated that the
City is always interested in new sites for possible alarm installation. He said he
would pass that camment along to the City Administrator. Nasiali said the
Petitioners would be interested in working with the City regarding such an alarm if
the City would want one to be installed at this location. Semrow asked if the
installation of the alarm would interfere with the function of the communication
tower. Nasiali said that there should be no problem in this area.
Semrow said there are two towers located in the Meyer Material gravel pit at this
time. What is the proximity of the proposed tower to those already existing on the
site. Nasiali said that the existing towers are on higher ground, so that the peak
of the proposed tower would be about the same as the two towers on the Meyer Material
site at this time. Miller said there is a 357 foot tower approximately 460 feet from
this location and a 150 foot tower approximately 100 feet from this location.
Swierk asked who would benefit monetarily from this facility. Nasiali said there
would be subscribers to this service, primarily fleet users.
McArdle asked how much the tower would protrude above the ground. Miller said it
would be installed about 61 feet below grade, so that it would protrude about 290
feet above the ground.
� Christensen said that the plans included with the application do not show the base
for the tower. He said his concern is that the base would not be adequate to support
such a high tower. Nasiali said it would be a self-supporting tower and that all
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plans would be submitted for approval to the Building Department with the permit
application. Christensen asked about the anchors and foundation construction for the
tower. Nasiali said details would be provided prior to the building permit being
issued. Christensen asked if Smart SMR purchased the subject property from C & A
Leasing. Nasiali said the property would be leased, not purchased. Christensen said
the size of the leased parcel does not conform to the minimum lot requirements of the
Industrial Zoning District. McArdle asked the size of the remainder of this parcel
which would not be leased to the applicant. Miller said the remainder of the parcel
would be 6 acres. The size of the proposed leased portion would be 6,000 square
feet.
McArdle said there is concern on the part of the Board with regard to the one
principal building per lot requirement of the ordinance. If this use is approved it
would represent the principal use on this entire parcel (including the leased and the
unleased portions) . Lobaito said that if Miller would want another building on a
portion of this entire 6 acre parcel in the future, he may have to subdivide so that
there could be another building on the site. Miller stated that a portion of this
6 acre parcel is located in unincorporated McHenry County.
Christensen asked if the 10 foot utility easement shown on the plan would be
underground. Nasiali said it would be underground; it has not been installed as of
this time.
Swierk asked if there would be a service road to the facility. Nasiali said there
would be a gravel road which would come from the north off of Hill Street. Swierk
`-' asked if the road should not be paved. Lobaito said that would be a staff decision
regarding the paving of the service drive. Nasiali said the drive would be used only
about once per month for maintenance purposes once the system has been built.
Christensen asked the distance from the existing building on the adjacent lot 9 to
the proposed location of the tower. Miller said it is about 300 feet away from the
proposed tower location. Christensen asked if there are any buildings to the west
of this site. Miller said there are not. Christensen said the zoning ordinance
provides for a maximum 3 foot separation between the shelter and the tower; is there
a reason for this? Lobaito said that is the requirement of the ordinance.
McArdle asked if the tower would be subject to regulations other and those required
by this Board. Nasiali said there are FAA and FCC regulations and permits which are
required in addition to those required by this Board. Lobaito asked if therP is a
maximum number of licenses issued to a given area. Nasiali said yes. The FCC issues
the licenses according to market demands. However, the FCC would not restrict the
number of tewers in a given area. Miller said the FAA and the FCC at the present
time are encouraging towers to be installed in locations where there are existing
towers, so that they can be clustered.
CLOSING STATEMENT BY PETITIONERS
Nasiali asked the Board to support the request as presented and provide a favorable
recommendation to the City Council on the Petitioners behalf.
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`" Chairman Semr�w said, "there being no further testimony with regard to this Petition,
the Board will consider the Petition at this time, unless there is a motion to recess
by a member o�� the Board. There being no motion to recess, the Chair will entertain
a motion with regard to this matter".
DELIBERATION AND RECOMMENDATION
Motion by Swierk, seconded by Christensen to recommend to the City Council that
The Petitioners ' request that a Conditional Use Permit be granted and that the
Petitioners be allowed to construct and operate a 350 foot high self-
supporting steel tower and a 200 square foot shelter to house electronic
equipment for a two-way mobile radio communications facility; and that the
Approval Criteria for Conditional Uses , Table 31, pages 357-358 of the Zoning
Ordinance have been met.
Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Tobeck.
Motion carried 6-0.
Motion by Swierk, seconded by Christensen to recommend to the City Council that
The Petitioners ' request that a variance be granted as to the following:
1) Approval to exceed the 55 foot tower height limitation in order to allow
the proposed 350 foot tower;
�- 2) Approval of a ten foot separation between the tower and the equipment
shelter as opposed to the three foot separation required by the City
Zoning Ordinance.
and that Table 32, the Approval Criteria for Variances, pages 376-377 of the
Zoning Ordinance have been met.
Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Tobeck.
Motion carried 6-0.
DISCUSSION REGARDING THE PETITION
Christensen asked why the Petitioners were proposing a 350 foot high tower. Nasiali
said it meets the needs of the radius for service that is desired which is 2-5 miles.
Lobaito asked the location of the nearest facility to this one. Nasiali said there
is a system in Lake Zurich and they hope to install one in Elgin. There are others
in the Chicago area.
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� ADJOURNMENT
There being rothing further before this Board, Chairman Semrow called for a motion
to adjourn tris hearing.
Motion by Di�on, seconded by Adamson to adjourn the hearing.
Voting Aye: F,damson, Christensen, Dixon, Kleemann, Semrow, Swierk.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Tobeck.
Motion carried 6-0.
This hearing was adjourned at 8:10 p.m.
Respectfully submitted,
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l�� ;� ��s.-�:-
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Harry ;emrow, Chairman
Zoning 'Board 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, Petitioner, Building & Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, City Clerk File.
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Doc/ZBAMIN.375
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