HomeMy WebLinkAboutMinutes - 5/10/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS
MAY 10, 1993
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
OF AMCORE TRU��T COMPANY, TRUST ) Z-364
�, N0. 3124, TRU`.�TEE OF THE CARL ) AMCORE TRUST 3124
JOHNSON TRUST AND SAWARNJIT S. ) DHILLON/JOHNSON
DHILLON FOR I`�SUANCE OF A ) OAK STREET & ROUTE 31
CONDITIONAL U`,�E PERMIT UNDER THE ) CONDITIONAL USE
PROVISIONS OF THE ZONING ORDINANCE )
OF THE CITY OF- MCHENRY, 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 May 10, 1993. Chairman Semrow
called the hearing to order at 7:41 p.m. The following persons were in attendance:
1. Zoning 3oard Members: Richard Adamson, Wayne Dixon, Emil Kleemann, Harry
Semrow, John Swierk, Donna Tobeck. Randy Christensen arrived at 8:22 p.m.
Absent: None.
2. Attorney for Zoning Board: Absent.
3. Recording Secretary: Kathleen Kunzer.
4. Director of Building & Zoning: Absent.
5. Petitioner: Sawarnjit Dhillon, 1700 North Mannheim Road, Stone Park, Illinois
� 60165.
6. Attorney for the Petitioner: Thomas Rupp & Associates represented by Thomas
J. Rupp, 4302C West Crystal Lake Road, McHenry Illinois 60050.
7. City Council Members: None.
8. Court Reporter: None.
9. Objectors:
1. Barbara Walters, 609 North Front Street McHenry
2. Suzarine Diedrich, 3726 West Elm McHenry
3. Ken Diedrich, 3607 West Clover McHenry
4. Lorie Huff, 1510 Sunset Drive McHenry
5. Bonn-e Lemerand, 801 Lillian Street McHenry
6. Dan Malo, 801 Lillian Street McHenry.
NOTICE OF PUBLICATION
Notification of this hearing was published in the Northwest Herald on April 22, 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.
�.
Page 2
ZBA-Dhillon/Johnson
5/10/93
SUNaIARY
The Petitioners request that a conditional use permit be granted to allow the
� construction <<nd operation of an automobile service station, a free-standing canopy
and a mini mart, which would sell all types of general merchandise including food
prepared on ti�e premises as well as packaged beer and wine.
LOCATION OF SUBJECT PROPERTY
The property which is the subject of this petition is located at the southwest corner
of the intersection of Oak Street and Route 31 and is comprised of approximately .50
acres.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
1) Sawarnjit S. Dhillon, 1700 North Mannheim Road, Stone Park Illinois 60165.
Mr. Dhillon said that his occupation is that he is involved in real estate and the
wholesale distribution of gasoline. He is licensed as a P.E. in Indiana, Kentucky,
Illinois and Wisconsin. Dhillon currently owns and manages three gasoline service
stations located at Stone Park, Westchester and Elgin. Dhillon said that the service
station he is proposing to erect in McHenry would be as good as those erected and run
by the major oil companies.
Soil borings have been done on the subject premises to determine the suitability for
the storage tanks and the building foundation. The soils were found to be suitable.
dhillon stated that the construction of the facility would follow city and state
codes. The building would be concrete block construction with face brick on the
exterior. All EPA and state fire marshall requirements would be met. The dimensions
� of the building would be 50'W X 60'L. The canopy would be 50'W X 68' L. Fifteen
parking spaces are proposed for the site. All pump equipment would be state of the
art. Landscaping requirements of the zoning ordinance would be met.
At the present time, Dhillon is considering being affiliated with Union 76. The
Union 76 free-standing sign would be proposed for approval by the City. All
ordinance requirements regarding signage would be followed. Lighting would be
shielded so that the abutting properties would not be adversely affected by the
lighting of the premises.
Dhillon said he does not have specific approval from IDOT regarding the proposed curb
cuts. IDOT will not even look at a proposed site plan until zoning has been granted
for a specifi�: parcel . Dhillon said he does not anticipate any difficulties in
obtaining permission for the curb cuts from IDOT. Rupp asked if there would be a
curb cut onto Oak Street as well . Dhillon said a curb cut to Oak Street is being
proposed for E�ase of access to the adjacent Remax Plaza Shopping Center. Dhillon
said he does rot anticipate any traffic flow problems on-site. Most patrons using
the station woald be going southbound on Route 31, so there should be no problem with
traffic flow �eing tied up on Route 31.
Dhillon said the mini mart would sell sandwiches, convenience foods, car supply
materials. R�pp asked Dhillon why he was proposing the sale of packaged beer and
wine for the � ite. Dhillon said that this would help he revenue for the station.
Employees would be instructed how the sale of these products would take place. they
would be instriacted not to sell this merchandise to minors. Employees would be fired
if they sold beer and/or wine to underage patrons.
L...
Page 3
ZBA-Dhillon/Johnson
5/10/93
The proposed i�ours of operation for the service station/mini mart would be 24 hours
per day. Ever though the facility may not initially remain open the entire 24 hours
each day, Dhillon said he would like that flexibility. In actuality, the facility
�- would be open from 5 a.m. to 11 p.m. , but Dhillon would like the option of extending
hours if the �iemand for same were demonstrated on this site.
Dhillon said the type of fuel storage tanks being proposed would be single wall
fiberglass taiiks. There would be a total containment system. There would be both
a primary and a secondary leak detection device at each tank. Everything would be
totally contained. Dhillon said there would be sensors for each tank and the
personnel would know immediately if there was a leak on-site. The tanks would be
monitored electronically in the control room of the station.Dhillon said that,
additionally, if the pump leaks, it would not pump gasoline. There is pressure in
the pump. The pump loses pressure when there is a leak and it will not pump gas.
There is an electronic interlocking system in place in this state of the art
equipment. A 1% leak would shut down the gasoline pump. This entire system has been
approved by the EPA and the office of the State Fire Marshall .
Dhillon said that single wall tanks are more cost effective than double wall tanks.
The EPA does not recommend one over the other.
Rupp asked why the Petitioner has chosen the subject property for the site of the
service station. Dhillon said he thought the station would be an improvement to the
community. There is no service station in the immediate area. He would employ four
fulltime personnel and 4-5 parttime personnel . The service station would bring in
revenue in the form of property tax and sales tax for the city.
Dhillon said he would meet all the criteria required by the City, the EPA and the
� State Fire Marshall . Rupp asked why this specific site was chosen. Dhillon said he
chose this site because there is no service station in the immediate vicinity. It
appears to be a good business investment. The service station will improve the
property values and make this site look better.
Attorney Rupp questioned the Petitioner with regard to the Approval Criteria for
Conditional Uses as stated in the Petition.
UESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD
Tobeck said that McHenry presently has three vacant service stations; why doesn't the
Petitioner pur�hase one of those sites? Tobeck expressed concern regarding the high
traffic count in this area, and the possibility of numerous traffic accidents due to
the location �:election. Tobeck said she was concerned the City would soon have
another vacant. service station site if the Petitioner did not make a go of his
operation. Dhillon said he would not purchase a site which formerly was the site of
a service sta:ion operation. The liability would be too great; there would be
problems with the EPA and probable site contamination.
Swierk asked why the Petitioner chose to call this operation an automobile service
station which requires a conditional use. He said that if the operation consists
mainly of "fuel sales" , that would be a permitted use in this C-5 district. Rupp
said the ambicuity of the ordinance came into play; this type of operation would
appear to fit into the category of automobile service station and kerosene sales,
propane sales, etc. , would appear to fit into the fuel sales category.
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Page 4
ZBA-Dhillon/Johnson
5/10/93
Semrow asked Dhillon how many feet are between his two curb cuts at the Elgin
facility. Dhillon said approximately 40-45 feet. Dhillon said the configuration of
that site is very similar to the proposed site plan for this facility. That station
�- is also locatEd approximately 1/2 block from a signalized intersection as is the case
in the proposE�d facility.
Adamson asked if there would be manual monitoring of the tanks. Dhillon said it
would all be done electronically by computer. Manual monitoring would not be
necessary. Acamson asked about delivery of fuel ; how would the tankers gain access
to the site? Dhillon said the tankers would enter the site from Route 31 and either
go around the building or turn around and exit onto Route 31. Adamson said soil
borings were done. Was an environmental assessment of the site done? Dhillon said
it was not. There has been no contamination of the site.
Dixon asked if the Petitioner had contacted anyone at the City with regard to the
liquor license. Dhillon said he had spoken to John Lobaito about the liquor license,
but he was told that the issuance of the license would be at the discretion of the
City Council . Dixon ask�d if the Petitioner is not granted a liquor license, would
the project still move forward? Dhillon said he does not know at this time. Dixon
asked if the Petitioner is seeking variance with regard to the parking requirements.
Dhillon said he is not. Dixon said the free-standing canopy is shown on the site
plan with a setback of only 22 feet; the ordinance requires a setback of 30 feet.
Rupp said the Petitioner is not seeking a variance. Dhillon said that he was told
by the building inspector that if the canopy is free-standing, he could maintain a
22 foot setback. If, however, the canopy were attached to the building, the 30 foot
setback would be required. Dhillon said that he would be willing to downsize the
size of the facility to meet all setback requirements.
�, Semrow asked the size of the storage tanks. Dhillon said there would be one 12,000
gallon tank and two 10,000 gallon tanks. Semrow asked if the EPA requires double
wall tanks. Dhillon said the EPA has made no recommendation or request for single
wall tanks or double wall tanks.
Christensen asked the Petitioner if the soil report from the borings was available.
Dhillon said he did not have the report with him at this time. Christensen asked if
the tanks must be encased with concrete. Dhillon said no. Dhillon said there is
moisture approximately 8 feet below the surface, then there is clay base.
Semrow asked how the moisture would impact the tanks. Dhillon said a monitoring well
is required for each tank by the State Fire Marshall .
Chairman Semrow called for a recess at 8:48 p.m. The hearing reconvened at 8:56 p.m.
with all members still in attendance.
�UESTIONS OF PETITIONER BY THE OBJECTORS
--------------
Barbara Walters: Walters said she owns an abutting property at Lillian Street and
Route 31 where she does mortgage banking. Walters asked if this was a land contract
sale. Semrow explained the Petition further with regard to the purchase of the
property by i:he Petitioner from the living trust being contingent upon the
conditional us� being granted. Walters asked Dhillon if he would move to McHenry is
the zoning anc conditional use were granted. Dhillon said he would not move to
McHenry. He said he would be on the site every other day. Walters asked if the
Petitioner is �eeking a subsidy of any kind from the City. Dhillon said he is not.
� Walters asked if the Petitioner is seeking a variance with regard to the front
setback for the canopy; she expressed concern regarding visibility for traffic on
Route 31 from the subject property and possible interference from the canopy.
Page 5
ZBA-Dhillon/Johnson
5/10/93
Dhillon said re is not seeking a variation. Walters asked if the Petitioner would
install a sto�light at Oak Street and Route 31. Dhillon said it would not be
necessary to i �stall a traffic signal at that intersection; there is a traffic signal
`— at Lillian and Route 31 which is only 1/2 block from the site. Walters said when a
traffic signal is installed at Oak Street and Route 31, would the Petitioner be able
to pay for it? Dhillon said a traffic signal would not be necessary. Walters asked
the Petitioner if he was aware of where the high school is located in proximity to
the subject property. Walters said this would be the closest gas station to either
high school . This could be a hazard to students at the school , having a service
station so close, particularly one selling beer and wine. Walters asked the
Petitioner if he knew the impact upon the single woman who resides to the immediate
west of the subject property. Dhillon said he has not met the woman. Walters asked
Dhillon if he presently owned any property in McHenry County. Dhillon said he did
not.
Suzanne Diedrich: Diedrich asked how often does the EPA come to monitor the site?
Dhillon said he does not know; they come without warning. Diedrich asked if sand
beneath the tanks would be better than clay. Dhillon said sand would be better.
Diedrich asked about the possibility of an explosion on-site. Dhillon said there is
more danger when filling a car' s gas tank and the fumes escaping at that time, than
there would be from the storage of the gasoline. Diedrich said the locations where
there are vacant service stations in town make that part of the town look dead. She
expressed concern that this could happen to this part of town as well . Diedrich said
she was concerned with the impact of traffic to Route 31 caused by this proposed
project. She asked how the beer and wine sales would be monitored to prevent sales
to minors. Dhillon said that in order to sell beer and/or wine, he would have to
make sure that there is at least one employee on hand at all times who is at least
21 years of age. In addition, there would always be at least two employees on hand
� at all times.
Barbara Walters: Walters asked the Petitioner if he had knowledge of unregistered
tanks in the state, what would he do about them? Dhillon said he would do nothing;
it is not his property. The tanks are not illegal ; they are simply not registered.
Dhillon said he would not like to report anyone to the EPA. When a tank is
registered,there is a 3% insurance tax which goes to the State, so that if a cleanup
is required, this would be where the funds would come from to take care of the
project. Owners of non-registered tanks do not pay the 3% tax and would not be able
to use the funds for cleanup.
�UESTIONS BY MEMBERS OF THE BOARD
--------------------------
Christensen asKed where the venting stacks would be located. Dhillon said they would
be free-standi�g on the side of the building. Venting stacks must be kept away from
the electric lines.
Di xon as ked wh<�t percentage of total sal es woul d be attri butabl e to al cohol . Dhi 11 on
said approxima�ely 5-7% of total sales would be alcohol , especially during the summer
months.
Semrow asked ti�e proposed hours of operation regarding the sale of beer and/or wine.
Dhillon said tf�at would depend upon city ordinance. Semrow asked how the Petitioner
could assure the City that these sales would not take place during non-permitted
hours. Dhillon said the area of the mini mart where the beer and wine would be
located would be capable of being locked up and separated from the rest of the
� facility.
Page 6
ZBA-Dhillon/Johnson
5/10/93
Semrow said the subject property borders residential property; is the Petitioner
planning to mE�et the screening requirements. Will the lighting be directed in such
a way so as n�t to shine on the abutting residential properties? Dhillon said he
`- would comply H�ith screening requirements and the lighting would be shielded so there
would be no l�ight pollution.
CLOSING STATEMENT BY PETITIONER
Attorney Rupp said there is no contamination on the subject property. This property
is clean. Mr. Dhillon is a good businessman. He would make his operation of the
facility clean and safe for the people in the neighborhood and the environment. It
would not be possible to purchase an old gas station site; there would be too many
liabilities. This property is zoned C-5 Highway Commercial . The Petitioner asked
that the Board recommend to the City Council that the conditional use be granted.
The Petitioner's request for a 24-hour operation would afford him flexibility to set
the hours best suited to the community. Allow Mr. Dhillon to make that choice. The
issue regarding the single wall versus the double wall tank is not an issue before
the EPA; they do not recommend one over the other. The Petitioner is not seeking any
variance with regard to screening or landscaping.
STATEMENTS BY THE OBJECTORS
Barbara Walters: "I am opposed to the sale of liquor in this location. I am opposed
to the installation of more gas tanks in the City of McHenry. I am concerned
regarding the single family residences in the area and some of the multi-family units
as well . I am opposed to Mr. Dhillon's proposed project for a service station on
this site."
Suzanne Diedrich: "I am opposed to the opening of this business which I feel would
have a negative impact upon our community. Putting a service station at this
L. location woulc! do nothing positive for the layout of our town. We need to keep a
tight control on where and how the City develops. I am also opposed to the project
including liq�or sales being next door to a nintendo/video rental place. I have
major concerns regarding traffic impact and the alcohol issue."
Chairman Semrow said, "there being nothing further before this Board with regard to
the 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
Swierk said th,�t no matter what action is taken, the Board would not be approving the
site plan whi�:h was submitted with regard to satisfying the requirements of the
zoning ordinance (parking, landscaping, screening, etc. ) . In addition, the issue of
approval of the sale of beer and wine would not be approved by the Board; that is a
function of the City Council .
Rupp said that was correctly stated. Semrow said that the sale of packaged beer and
wine was included as a part of the Petition as an accessory use of the conditional
use if grantec. Semrow said there had been much testimony regarding the issue of
liquor sales at this hearing; that issue should be made a part of the motion with the
resulting recommendation to the City Council .
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Page 7
ZBA-Dhillon/Johnson
5/1/0/93
Motion by Kleemann, seconded by Christensen to recommend to the City Council that
the Petitioner's request for a Conditional Use to permit the construction and
�-- operation of an automobile service station on the subject property be granted;
that a Conditional Use to allow the construction and operation of a free-
standing canopy and a mini-mart be granted; that the mini-mart will primarily
sell all types of general convenience merchandise, including food prepared on
the premises as well as packaged beer and wine; and that the Approval Criteria
for Conditional Uses, Table 31, pages 357-358 of the Zoning Ordinance have
been met.
Voting Aye: Kleemann, Semrow, Swierk.
Voting Nay: Adamson, Christensen, Dixon, Tobeck.
Not Voting: None.
Abstained: None.
Absent: None.
Motion denied 3-4. There will be no recommendation to the City Council .
Christensen said that he voted nay because the Petitioner is requesting a permit to
sell general convenience merchandise; liquor is not convenience merchandise. The
proposed hours of operation would impact the residential properties in the immediate
area. There should not be 24-hour operation of the facility. Traffic flow in the
neighborhood would be too congested in an already overcrowded area. This is not a
good location for a gas station, even if it is a C-5 Highway Commercial district.
Swierk said he voted in favor of the recommendation because of the ambiguity of the
zoning ordinance and the fact that fuel sales are permitted in the C-5 district and
� do not require a conditional use. There is no clear definition of what is meant by
an automobile service station.
ADJOURNMENT
Motion by Dixon, seconded by Swierk to adjourn this hearing at 9:42 p.m.
Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. Hearing adjourned at 9:42 p.m.
Respectfully submitted,
Harry S row, 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 (6) ,
City Engineers, Aldermen Reference Copy, Petitioner, Building & Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, City Clerk File.
� Doc/ZBAMIN.364