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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. � 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) . Page 2 ZBA-Smart 1/3/94 �'" 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. � 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 Page 3 ZBA-Smart 1/3/94 � 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. � Page 4 ZBA-Smart 1/3/94 `" 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. � Page 5 ZBA-Smart 1/3/94 � 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, � �� � l�� ;� ��s.-�:- � 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. � Doc/ZBAMIN.375 �