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Home My WebLink AboutMinutes - 9/13/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS SEPTEMBER 13, 1993 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) '�- OF PARKWAY BANK & TRUST COMPANY, ) Z-367 TRUST N0. 9644, AND TAE J0, FOR A ) PARKWAY BANK & TRUST TEXT AMENDMENT AND CONDITIONAL ) TRUST N0. 9644 USE PERMIT UNDER THE PROVISIONS OF ) TAE JO THE ZONING ORDINANCE OF THE CITY ) TEXT AMENDMENT AND OF MCHENRY, MCHENRY COUNTY, ) CONDITIONAL USE PERMIT 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 13, 1993. Chairman Semrow called the hearing to order at 7:40 p.m. The following persons were in attendance: 1. Zoning Board Members: Richard Adamson, Randy Christensen, Emil Kleemann, Harry Semrow, Donna Tobeck. Absent: Wayne Dixon, John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioner: Parkway Bank & Trust, Trust No. 9644, represented by George Voutiritsas, 1895 Prestwick Drive, Inverness, Illinois 60067; and Tae Jo, 4528 Beaumondi Drive, Apartment 201, Lisle Illinois. 6. Attorney for the Petitioner: Diamond LeSueur Roth and Associates, represented by John Roth, 3431 West Elm Street, McHenry Illinois 60050. 7. City Council Members: None. 8. Court Reporter: None. 9. Objectors: None. NOTICE OF PUBLICATION Notification of this hearing was published in the Northwest Herald on August 23, 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. An affidavit of service and posting of the subject property is on file with regard to this matter. SUNaIARY The Petitioner� is requesting that the text of the Zoning Ordinance be amended to permit the operation of on-site dry cleaning processing as a conditional use in C-3 and higher numbered commercial districts; and that, pursuant to the amendment to the text, a conditional use permit be granted for the purpose of operation of on-site dry � cleaning processing on the subject property. Page 2 ZBA-Parkway Bank/Tae Jo 9/13/93 LOCATION OF SUBJECT PROPERTY The property r�hich is the subject of this petition is located at 4400 West Elm �-- Street, McHenry Illinois in the building which was formerly occupied by Shamrock Cleaners. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: 1) Tae Jo, 4528 Beaumondi Drive, Apartment 201, Lisle, Illinois. 2) Heeson Chang, 121 Garlisch, Elk Grove Village, Illinois 60007. Attorney Roth called his first witness, Tae Jo. Jo has been working for six years in a dry cleaning plant which he owns with other family members. This plant is located in Lisle. Jo is hoping to open a dry cleaning plant with on-site processing in the McHenry Market Place in the former location of Shamrock Cleaners. The area is comprised of approximately 2,000 square feet. The hours of operation would be 7 a.m. until 7 p.m. on Monday through Friday; 7 a.m. until 5 p.m. on Saturday; the business would be closed on Sundays. Jo said the business would be family-operated. The facility would be managed by Tae Jo. Some if not most of the equipment would be purchased from Mr. Chang, who will testify as to the nature of the proposed processing equipment. Jo stated that in the six years since he has been operating the dry cleaning facility in Lisle, he has not been cited for any violations against his business. Attorney Roth asked Heeson Chang to list his credentials. Chang has been in the business of distributorship of dry cleaning processing equipment for the past ten years. Chang will sell equipment to Tae Jo for use in his plant if this Board �„ approves of the request this evening. Documentation was provided regarding the processing machine (Petitioners Exhibit 1) . Chang said all fluids usPd in the processing will be self-contained and sealed. There would be no problem with the Environmental Protection Agency (EPA) . Cleaning fluids will be recycled. Safety Kleen will remove the small amount of waste fluids from the site monthly. There should be no health hazards due to the cleaning fluids. QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD Tobeck asked what chemical would be used in the cleaning process. Chang said the name of the chemical is perchloroethylene. Lobaito said that is the same chemical which is used at Shamrock Cleaners. Adamson asked if th�re would be any other equipment other than that which is depicted on the .site plan. Chang said no. Adamson asked if the dry cleaning business would be contained on one floor only. Chang said that is correct. Adamson asked if the Petitioner was considering contract with school , factories , etc. Jo said there would be no wholesale business on site; the business would be limited to retail only. Kleemann asked the Petitioner to address Lobaito's memo of 8/30/93. Roth said that with regard to item #1, the Petitioner would have no problem with limiting the Conditional Use to the 2,000 square feet of the proposed facility for the dry cleaning business. Item #2 is self-explanatory; the text amendment is being presented at the recommendation of the Building & Zoning Department. Item #3 was addressed as follows: � Page 3 ZBA-Parkway Bank/Tae Jo 9/13/93 a) ScreE�ning of dumpster/refuse area will be provided if required by ordinancE�. b) On-si�:e buffering to residential use to the west will be done if required L-- by Build� ng Department. c) Hours of operation have been previously indicated. d) Environmental control of chemicals used, vapors, etc, has been previously addressed by Petitioners. e) No other characteristics relative to the impact of the use on the neighborhood of the proposed use were addressed by members of the Board. McArdle asked the Petitioner the terms of the lease. Jo said it is a five year lease with a five year option to extend. McArdle asked if the Petitioner would be willing to accept the conditional use permit being granted for the duration of the terms of the lease for the subject property. Roth said the Petitioner would accept the Conditional Use permit being granted for the on-site dry cleaning facility. McArdle said he is concerned with the fact that this Petitioner is experienced with on-site processing of dry cleaning. The problem would come in if another party were to manage the facility and they were not knowledgeable of the equipment or the process. McArdle asked the frequency of the exchange of chemicals in the processing unit. Roth said a licensed waste hauler, Safety Kleen, would remove the waste chemicals from the site monthly, no matter the amount of waste. McArdle asked who would manage and operate the equipment and the facility. Jo said his family would manage the facility and operate the equipment. McArdle asked if there would be on-site storage of chemicals. Jo said there would not. McArdle asked the Petitioner if he would be satisfied if the terms of the conditional use permit would be tied to the terms of the Petitioner's lease. McArdle said the reason for this would be the Petitioner is experienced; any other person wishing to manage such an on-site dry cleaning processing facility at this location should be made to come before this Board for a �, conditional use. This conditional use, if granted, should be granted to this Petitioner. Christensen asked what equipment was left on-site by Shamrock Cleaners. Jo said there is no processing equipment currently on site. All processing equipment would be purchased new from Mr. Chang. Chairman Semrow said, "there being nothing further before this Board with regard to this Petition, 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 Tobeck, seconded by Christensen to recommend to the City Council that the Petitioner's request that the text of the Zoning Ordinance of the City of McHenry be amended to permit on-site-dry cleaning processing as a Conditional Use in C-3 and higher number commercial districts be granted; that Group K on page 120, Section V, of said Zoning Ordinance include "Dry cleaning plant and laundry with processing to be performed on-site" ; that page 553 of said Zoning Ordinance, Table of Uses Permitted by Zoning District, include the following as a Conditional Use in C-3 Commercial District: "Dry cleaning plant and laundry (processing on-site) ; and that Table 33, the Approval Criteria for Text Amendment, page 401 of the Zoning Ordinance, have been met. �.. Page 4 ZBA-Parkway Bank/Tae Jo 9/13/93 Voting Aye: Adamson, Christensen, Kleemann, Semrow, Tobeck. Voting Nay: None. �- Not Voting: None. Abstained: None. Absent: Dixon, Swierk. Motion carried 5-0. Motion by Tobeck, seconded by Christensen to recommend to the City Council that pursuant to the granting of the afore-mentioned text amendment by the City Council , the Petitioner's request that a Conditional Use Permit be granted for the purpose of operation of on-site dry cleaning processing on the subject premises be granted subject to the following conditions: a) the Conditional Use Permit be limited to approximately 2,000 square feet at the location formerly occupied by Shamrock Cleaners at 4400 West Elm Street, McHenry Illinois 60050; b) the duration of the Conditional Use Permit be limited to the terms of the lease signed by the Petitioner and the landlord for the subject premises; c) the Conditional Use Permit be granted to the Petitioner, Tae Jo, and his family and not to any subsequent owners of the business, who shall come before this Board to seek a Conditional Use Permit on their own merits; and that Table 31, The Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance have been met. Voting Aye: Adamson, Kleemann, Semrow, Tobeck. Voting Nay: Christensen. � Not Voting: None. Abstaining: None. Absent: Dixon, Swierk. Motion carried 4-1. ADJOURNMENT There being nothing further before this Board with regard to this matter, this hearing was adjourned at 8:16 p.m. Respectfully submitted,�-- � � �� '� " �-L(c'C � �� l, Harry S row, Chairman Zoning oard 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.367 � ZONING BOARD OF APPEALS SEPTEMBER 13, 1993 CITY OF MCHENRY � IN THE MATTER Of� THE APPLICATION ) OF AMERICAN NATIONAL BANK & TRUST ) Z-368 COMPANY, AS TRUSTEE UNDER TRUST ) AMERICAN NATIONAL BANK & TRUST #40362 (OWNER) �ND R.B. SKOKIE ) TRUST N0. 40362 CORPORATION, D/E/A ARBY'S ROAST ) R.B. SKOKIE CORP (ARBY'S) BEEF RESTAURANTS (CONTRACT ) CONDITIONAL USE PURCHASER) FOR A CONDITIONAL USE ) PERMIT PURSUANT TO 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 13, 1993. Chairman Semrow called the hearing to order at 8:24 p.m. The following persons were in attendance: 1. Zoning Board Members: Richard Adamson, Randy Christensen, Emil Kleemann, Harry Semrow, Donna Tobeck. Absent: Wayne Dixon, John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. �- 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: R.B. Skokie Corporation represented by Henry Green, President, 80 River Oaks Plaza, Calumet City, Illinois 60409; and John Ryskiewicz, Managing Partner, 1560 Lee Street, Des Plaines, Illinois 60018. 6. Attorney for the Petitioner: None. 7. City Council Members: None. 8. Court Reporter: None. 9. Objectors: 1. Curt PeF�e, 3609 Cornell Court, McHenry. 2. Terry Harth, 1705 North Richmond Road, McHenry. 3. Elyse Harth, 1705 North Richmond Road, McHenry. NOTICE OF PUBLICATION Notification of this hearing was published in the Northwest Herald on August 21, 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. The subject property was posted with the required notification. SUMMARY The Petitioner is requesting that the subject property be granted a Conditional Use � to permit the construction and operation of a drive-through restaurant. Page2 ZBA-Ar6y's 9/13/93 LOCATION OF SUBJI=CT PROPERTY � The property which is the subject of this petition is located approximately 400 feet south of the intE�rsection of Richmond Road and McCullom Lake Road on the east side of Richmond Road. This site is proposed as Lot 3 of McCullom Place Subdivision, which is current�ly under review by City Staff. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) Henry Green, 80 River Oaks Plaza, Calumet City, Illinois 60409. 2) John Ryskiewicz, 1560 Lee Street, Des Plaines, Illinois 60018. Petitioner Green said that approximately 40% of the business conducted by the restaurant is done through the drive-through window. This operation does not cater to children. There are no hotdogs or hamburgers on the menu. It would be more of an adult-preference menu. Green indicated that the drive-through window would be located at the rear of the building, that portion of the building which is furthest removed from Richmond Road. Green said there would be no curb cuts on Richmond Road (Route 31) . Access would be gained to the site only from within the shopping center. A cross-easement access/parking agreement is in place with the shopping center owners , a portion of which was attached as Exhibit C of the Petitioner's Application. QUESTIONS OF_THE PETITIONER BY MEMBERS OF THE BOARD Chairman Semrow asked if all setback requirements would be met. It appeared that there would not be 15 feet between the rear of the building and the rear property line. Lobaito said the front of the building would face Richmond Road (west) and the rear of the building would face the east. Since the Petitioners were requesting no variance before this Board, they would have to meet the requirements of the Ordinance `- which provides for a minimum 15 foot setback when abutting another commercial parcel . Discussion ensued regarding the possibility of a variance being needed as to the rear yard setback. Discussion followed regarding the screening/landscaping requirements. Petitioner Green said that it would be a hardship to put in a 2 foot berm along the front of the property along with landscaping so that the minimum screen would be 3.5 feet at parking lot grade. Attorney McArdle asked how the parking lot would be illuminated. Green said there would be pole lighting and the lights would shine on the building, not on the street. McArdle said he had concerns regarding the cross-easement agreement. The City should be a party to this agreement to assure that all parties concerned have continued access to each of the parcels included in the agreement. Christensen asked where the refuse disposal area would be located. Green said it would be at the southeast corner of the building. Christensen said it will have to be screened. It was the decision of the Petitioners to ask that this hearing be recessed until such time as an additional application has been made to the city and all notification has been accomplished according to ordinance requirements. The application will include a request for variation as to the following: a) rear yard setback requirements b) screening/landscaping requirements. � Page3 ZBA-Ar6y's 9/13/93 The time and ��ate for the continuation of this hearing will be posted at the � Municipal Center. Al1 registered objectors will be notified of the date when it has been set. ADJOURNMENT Motion by Tobeck, seconded by Christensen to recess this hearing at 9:01 p.m. Voting Aye: Adamson, Christensen, Kleemann, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Dixon, Swierk. Motion carried 5-0. Hearing was recessed at 9:01 p.m. Respectfully submitted, �� .. �� Harry Se w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7) , Plan Commission (7) , City Administrator, Director of Building & Zoning, Public Works Administration, Objectors (3) , City Attorney, City Engineers, Aldermen Reference Copy, Petitioner, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. � Doc/ZBAMIN.368 �