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HomeMy WebLinkAboutMinutes - 9/27/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS SEPTEMBER 27, 1993 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) �- OF TARGET STORES , A DIVISION OF ) Z-371 DAYTON HUDSON CORPORATION FOR A ) DAYTON HUDSON - TARGET VARIANCE UNDER THE PROVISIONS OF ) 1860 N RICHMOND RD THE ZONING ORDINANCE OF THE CITY ) VARIANCE 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 27, 1993. Vice Chairman Tobeck called the hearing to order at 7:33 p.m. The following persons were in attendance: 1. Zoning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon, Emil Kleemann, John Swierk, Donna Tobeck. Absent: Harry Semrow. 2. Attorney fior Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: Absent. 5. Petitioners: Target Stores, a Division of the Dayton Hudson Corporation, represPnted by Architect David Mangurten, (Kaplan Mangurten Architects) , 1141 \.. Lake Cook Road, Deerfield, Illinois. 6. Attorney for the Petitioner: Ash, Anos, Freedman & Logan, represented by Bruce Logan, 77 West Washington, Suite 1211, Chicago Illinois. 7. City Council Members: Alderman Greg Bates. 8. Court Reporter: None. 9. Objectors: 1. Duane and Jennifer Shofner, 3512 W. First Avenue McHenry. NOTICE OF PUBLICATION Notification of this hearing was published in the Northwest Herald on September 11, 1993. The Publisher' s Certificate of Publication regarding this matter is on file in the City Clerk' s Office. Notification was made to all abutting property owners via certified m��il and posting of the subject property. SUMMARY The Petitic�r;ers are requesting that the subject property be granted a zoning variance as to thP ir�terior side yard requirements. They are requesting that the interior side yard o;� thE� south side of the property be reduced from the required 10 feet to 0 feet. LOCATION OF SUB�IECT PROPERTY � The property wh-ch is the subject of this petition is located at 1860 North Richmond Road at the soui;heast corner of the intersection of Richmond Road and McCullom Lake Road. Page 2 ZBA-Target 9/27/93 TESTIMONY Vice Chairman Tobeck swore in the following witness for the Petitioners: `- 1) David Mangurten, Kaplan Mangurten Architects, 1141 Lake Cook Road, Deerfield, Illinois. Attorney Logan stated that the Petitioners were before this Board in order to request that a recommendation be made to the City Council for the grant of a 0 Lot Line variance. This variance would apply to the south property line only. Mangurten provided a concept plan of the site indicating where the two commercial buildings would abut if the variance is granted. The place of c�ntact between the two buildings would be the south wall of the Target building from the point of the southwest corner east approximately 65 feet. Mangurten said all other setback requirements of the zoning ordinance would be met. He indicated there was a possibility of traffic signali2ation at the southern-most entry into the site. This was brought up by staff. There would be a rear alleyway for truck traffic to the site for loading/unloading. This subdivision is in the process of being reviewed and approved by Plan Commission in preparation for presentation to the City Council . UESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD - ------------- Kleemann asked what the interior setback should be as required by ordinance. Mangurten said it should be 10 feet; the Petitioners are requesting 0 feet. Christensen asked if the two buildings would be connected. Mangurten said they would not be connected. There would be construction tolerance separating them. There �- would be two separate buildings; the two structures would be independent of each other. There would be common flashing bPtween them to prevent erosion of the two abutting exterior walls. Mangurten said the fascia of the second building (Aetna) would not extend beyond the Target front building line. Mangurten said it is traditional in municipalities to have party walls when two buildings abut with 0 lot lines. In this instance, there would be no common party wall . Christensen asked if there would be a parapet between the two buildings. Mangurten said he is not sure. Kleemann asked if both buildings would be sprinklered. Mangurten said they would be sprinklered. Swierk asked the size of the buildings. Mangurten said Target would be 95,000 square feet; Aetna would be 55,000 square feet. Swierk said he had concerns regarding the parking for the proposed outlot of this site. McArdle said this subdivision is currently before the Plan Commission for approval of Final Plat. There exists a cross-easement parking agreement between all three parties involved in this subdivision (Target, Aetna and Arby' s) as well as the City of McHenry. Parking is not at issue before the Board this evening. Christensen asked why the ingress/egress points were not matched up with existing Pxits/entrances at the K Mart complex to the north of this subdivision. McArdle said that would be a planning/engineering issue. Swierk asked th�� Petitioners to clarify for which portion of the property they were requesting the 0 lot line variance. Swierk asked that the motion reflect the � specific part of the property which would be allowed to have a 0 lot line. Page 3 ZBA-Target 9/27/93 QUESTIONS OF THE PETITIONERS BY THE OBJECTORS Jennifer Shofiier: "There are some woods at the back (east side) of this lot; would �— the trees sta�% or would the building be erected all the way to that property line?" Mangurten saicl there is a 30 foot setback for the rear yard of this property. There would be no building beyond that point. Duane Shofner: "Is this meeting about these two buildings touching?" Mangurten said that is corre��t. Logan said that in fact if this varianre is granted, the Aetna building would be located further away from the Objectors property than if the 10 foot setback for each of the two parcels were maintained. The Objectors said they had no further questions and left the proceedings at this time. Vice Chairman Tobeck 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 RECOMMENDATION Motion by Christensen, seconded by Adamson to recommend to the City Council that the Petitioners' request that the subject property located at 1860 North Richmond Road for a 0 lot line for the interior sideyard at the southern property boundary be granted providing that all abutting property owners have been notified of these proceedings; that the 0 lot line extend from the southwest corner of the Petitioners building east to a point not to exceed 130 '`• feet; that any alcovP which is created by the erection of the two building be fenced as required by the City; that the owners of each of the two buildings enter into an agreement with the City to assure that said fencing would be installed; that the variance be granted as depicted on the concept plan prepare� by G & H Development dated 9/3/93; and that the Approval Criteria for Variances, Table 32, Pages 376-377 of the Zoning Ordinance, have been met. Voting Aye: Adamson, Christensen, Dixon, Kleemann, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Semrow. Motion carried 6-0. ADJOURNMENT There being nothing further before this Board with regard to this matter, this hearing was adjourned at 8:10 p.m. Respectfully submitted, f ' / / � , `� �t��:"?�,�7�� '��r.-C�t:-/L Donna Tobeck, Vice 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 Encineers, Objectors (1) , Aldermen Reference Copy, Petitioner, Building & Zonin!� Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Doc/ZBAMIN.37] ZONING BOARD OF APPEALS SEPTEMBER 27, 1993 CITY OF MCHENRY `- IN THE MATTER OF THE APPLICATION ) OF AMERICAN NqTIONAL BANK & TRUST ) Z-370 COMPANY OF CHICAGO, TRUST NO 40362 ) AMERICAN NATIONAL BANK - AETNA AND AETNA DEV�LOPMENT CORPORATION, ) SE CORNER RICHMOND & MCCULLOM LAKE RDS FOR A VARIANCE UNDER THE PROVISIONS) VARIANCE OF THE ZONING ORDINANCE 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 27, 1993. Vice Chairman Tobeck called the hearing to order at 8:17 p.m. The following persons were in attendance: 1. Zoning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon, Emil Kleemann, John Swierk, Donna Tobeck. Absent: Harry Semrow. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: Absent. � 5. Petitioners: American National Bank & Trust and Aetna Development Corporation, represented by Architect David Mangurten, (Kaplan Mangurten Architects) , 1141 Lake Cook Road, Deerfield, Illinois. 6. Attorney for the Petitioner: Ash, Anos, Freedman & Logan, represented by Bruce Logan, 77 West Washington, Suite 1211, Chicago Illinois. 7. City Council Members: Alderman Greg Bates. 8. Court Reporter: None. 9. Objectors: 1. Duane and Jennifer Shofner, 3512 W. First Avenue McHenry. NOTICE OF PUBLICATION Notification o= this hearing was published in the Northwest Herald on September 11, 1993. The Publisher' s Certificate of Publication regarding this matter is on file in the City Clerk's Office. Notification was made to all abutting property owners via certified mail and posting of the subject property. SUMMARY The Petitioners are requesting that the subject property be granted a zoning variance as to the int�erior side yard requirements. They are requesting that the interior side yard on the north side of the property b� reduced from the required 10 feet to �. 0 feet. • ` Page 2 ZBA-Aetna 9/27/93 LOCATION OF SUBJECT PROPERTY � The property which is the subject of this petition is located approximately 600 feet south of the intersection of Richmond Road and McCullom Lake Road on the east sid� of thP road. TESTIMONY Vice Chairman Tobeck swore in the following witness for the Petitioners� 1) David Mangurten, Kaplan Mangurten Architects, 1141 Lake Cook Road, Deerfield, Illinois. Attorney Logan stated that, as in the hearing just concluded by this Baard regarding the Target property at 1860 North Richmond Road, the Petitioners were before this Board in order to request that a recommendation be made to the City Council for the grant of a 0 Lot Line variance. This variance would apply to the north property line only. Logan said that in the event that Aetna expands their building to the east, the Petitioners would like the variance to be approved to cover that eventuality. The maximum potential length of the 0 lot line would then be 130 feet. Logan said that Aetna woul d j oi n wi th Target i n the effort to fence and screen any al cove whi ch waul d be created by this expansion, to the extent that the alcove is on the Aetna property. Logan said the purpose of the 0 lot line is to create a monolithic front to the building. gUESTIONS OF_THE PETITIONER BY_MEMBERS OF THE BOARD Christensen asked the maximum building capacity of the Aetna property. Mangurten � said the maximum building would be 68,000 which would allow for parking to accommodat� the building and its uses. Mangurten said th� potential for expansion for tenants would be to a maximum build-out of 68,000 square feet. If this were to occur, all available open space on this lot would not be used and there would be adequate land available for parking purposes. Christensen asked if the existing buildings depicted on the site plan were being torn down. Mangurten said they have _ been removed from the site. Swierk said that if there is no agreement between the two parties and the City to fence the alcove, there should be no expansion to the east on the Aetna property. There should be no expansion which would create a larger alcove or alleyway than the 30 feet depi cted on the concept pl an submi tted for revi ew at thi s heari ng. The concept plan was prepared by G & H Development and is dated 9/3/93. Logan said the Petitioners would agree to a maximum 0 lot line of 130 feet and that the terms of the 0 lot line being granted would include a fencing agreement between the two parties and the City of McHenry. McArdle asked if the Petitioner had notified all abutting landowners of this hearing. Mangurten said that duplicate green cards were not returned for those taxpayers who were notified regarding both Petitions: the Target Petition and the Aetna Petition. Those taxpayers were sent notice of both hearings in the same envelope. Mangurten stated for the record that all abutting taxpayers were notified of these proceedings. Vice Chairman Tobeck 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." . • Page 3 ZBA-Aetna 9/27/93 McArdle said that if there were going to be a motion to grant this request, it would � be a motion �;o grant the Petitioners' request for a 0 lot line on the north side of the Petition�rs building as depicted on G & H Development Plan dated 9/3/93, east along the lo� line not to exceed 130 feet, subject to reaching a written agreement with the adj,�cent property owner, Target, subject to City review and approval with respect to tl�e fencing of the alcove which would be created. DELIBERATION AND RECOMMENDATION Motion by Kleemann, seconded by Swierk to recommend to the City Council that the Petitioners ' request that the subject property located approximately 600 feet southeast of the intersection of Richmond Road and McCullom Lake Road for a 0 lot line for the interior sideyard at the north property boundary be granted providing that all abutting property owners have been notified of these proceedings; that the 0 lot line extend from the northwest corner of the Petitioners building east to a point not to exceed 130 feet; that any alcove which is created by the erection of the two buildings be fenced as required by the City; that the owners of each of the two buildings enter into an agreement with the City to assure that said fencing would be installed; that the variance be granted as depicted on the concept plan prepared by G & H Development dated 9/3/93; and that the Approval Criteria for Variances , Table 32, Pages 376-377 of the Zoning Ordinance, have been met. Voting Aye: Adamson, Christensen, Dixon, Kleemann, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. �- Absent: Semrow. Motion carried 6-0. ADJOURNMENT There being nothing further before this Board with regard to this matter, this hearing was adjourned at 8:29 p.m. Respectfully submitted, �� i Donna obeck, Vice Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7) , Plan Commission (7) , City Administrator, Dir�ctor of Building & Zoning, Public Works Administration, City Attorney, City Engineers, Objectors (1) , Aldermen Reference Copy, Petitioner, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Doc/ZBAMIN.370 �