HomeMy WebLinkAboutMinutes - 4/5/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS
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CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
OF THE CITY Of� MCHENRY, ILLINOIS ) Z-363
FOR A CONDITI(1NAL USE PERMIT ) CITY OF MCHENRY
`,,. UNDER THE ZON; NG ORDINANCE OF THE ) CONDITIONAL USE
CITY OF MCHENF;Y, ILLINOIS )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY_OF MCFIENRY,_ILLINOIS
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A hearing on the above-captioned petition was held on April 5, 1993. Vice Chairman
Tobeck called the hearing to order at 7:34 p.m. The following persons were in
attendance:
1. Zoning Board Members: Richard Adamson, Randy Christensen, Emil Kleemann,
Donna Tobeck. Absent: Wayne Dixon, Harry Semrow, John Swierk.
2. Attorney for Zoning Board: Bernard V. Narusis present, but acting as Attorney
for Petitioner.
3. Recording Secretary: Kathleen Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Fredric C. Batt, Director of
Public Works, 333 South Green Street, McHenry Illinois 60050.
6. Attorney for the Petitioner: Narusis & Narusis represented by Bernard V.
� Narusis, 213 Lake Shore Drive, Cary Illinois 60013.
7. City Council Members: None.
8. Court Reporter: None.
9. Objectors:
1. Donald Carlson, 3306 Chestnut, McHenry.
2. Joan Nickolausen, 6000 Northwest Highway, Crystal Lake.
3. Mark Klier, 813 Southgate, Apartment 10, McHenry.
4. Robert E. Alexander, 2005 Pine Drive, McHenry.
5. Calvin Craig, 1910 Pine Drive, McHenry.
6. Joyce Craig, 1910 Pine Drive, McHenry.
NOTICE OF PUBLICATION
Notification o� this hearing was published in the Northwest Herald on March 13, 1993.
The Publisher' � 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 s��rvice and posting of the subject property is on file with regard to
this matter. Fttorney Narusis stated for the record that the property owner of 2005
Pine Drive (Lct 12) whose property abuts the subject property was inadvertently
overlooked du^ing the original notification by certified mail . However,
approximately ,.2 days ago, the Building Department notified said property owner , who
has since waivF�d his right of the 15 day notification of this hearing.
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ZBA-City of McHenry
4/5/93
SUhIMARY
The Petitioner requests that a conditional use permit be granted to permit the
construction � nd operation of municipal water facilities owned by the City of
\..- McHenry: an elevated water storage tank on Lot 1, a water treatment plant on Lot 13
and Outlot A, and a municipal water well on Outlot B.
LOCATION OF SUBJECT PROPERTY
The property which is the subject of this petition is located as follows:
1) Lot 1 is in McHenry Commons Subdivision II;
2) Lot 13, Ou tl ot A and Outl ot B are 1 ocated i n the Oaks of McHenry Phase I
Subdivision.
TESTIMONY
Vice Chairman Tobeck swore in the following witnesses for the Petitioner:
1) Bernard V. Narusis, 213 Lake Shore Drive, Cary Illinois 60013.
2) Fredric C. Batt, 333 South Green Street, McHenry Illinois 60050.
Attorney Narusis testified that the subject property was annexed into the City more
than 10 years ago. Under the terms of the annexation agreement, dedication of
certain parcels was made to the city with specific purposes spelled out. Lot 1 of
McHenry Commons II Subdivision and Outlot A of the Oaks were dedicated with the
understanding that they would be future site for an elevated water storage facility
for the City of McHenry. Lot 13 was recently acquired from the Oaks of McHenry.
Outlot B of the Oaks was conveyed to the City; a water facility was intended to be
located on this site. All property which is the subject of the Petition is currently
zoned RS-2. The subject property is bounded on the south, east and west by property
which is zoned RS-2. Lot 1 of McHenry Commons, and Outlot A and Outlot B of the Oaks
of McHenry are bounded on the north by property which is zoned Agricultural according
� to the McHenry County Zoning Ordinance.
Batt testified that Outlot B would be a good site for a well . It has already been
tested. Bids will be opened on April 14, 1993. The exact site for the well would
be the extreme northwest corner of Outlot B, adjacent to lot 42 on Birch Lane. Batt
stated there would be an 8' X 10' temporary building erected on Outlot B which would
house the pertinent chemicals for the well until such time as the water plant is
erected on Lot 13 and Outlot A. At that time the temporary structure would be phased
out. The City is hoping to have the new well up and running by this summer. The
temporary structure must be in place so chemicals can be stored for treatment of this
well .
Batt said there is no design or building structure type decided upon for the elevated
storage tank at this time. The water plant which would be erected on Lot 13 and
Outlot A would be a residence-like structure. It would be about 20 feet longer than
a typical home in the Oaks. Architecturally, it would be very much like the homes
in that subdivision. The fireplace-like structure will actually be a buffer for
noise created k�y the fan used as a part of the ventilation system. The water plant
would be visitEd daily by water department personnel . No water mains would traverse
private proper�:y. The city is hoping to begin construction of the well as soon as
possible.
Narusis asked F�att how much traffic would be generated by the installation of these
water facilitif�s on these sites. Batt said that assuming there was no failure of
equipment, the��e would be approximately one visit per day at each facility. From
time to time equipment may need additional servicing. Batt said there would be more
�.- impact during the construction period than there would be after the facilities were
up and running
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ZBA-City of McHenry
4/5/93
Batt said it w�uld take approximately 3-4 months to construct the elevated storage
tank on Lot 1, once the city has determined the type of structure they want to build,
the bids have keen let, etc. Batt said he does not anticipate the construction would
�. begin until at least the latter part of 1994.
Tobeck asked t�e projected height of the elevated tank. Batt said probably 100-110
feet; however, there has been no design set as of this time.
Kleemann asked if there would be tornado sirens mounted on the elevated tank. Batt
said he had not thought about it. The only appurtenance which Batt knew would be
attached would be a light in the center of the top of the tower which would alert
airplanes of the tower's location. Kleemann asked if the tower would interfere with
cable signals or other signals of area residents. Batt said it would not. Kleemann
asked if all abutting property owners were notified regarding this hearing. Narusis
said they were. Kleemann asked if second tier property owners were notified; were
residents within 200 feet of the site of the tower notified of this hearing.
Narusis said the ordinance provides that only abutting property owners be notified
by certified mail . However, the subject property was posted for at least fifteen
days prior to this hearing. In addition, these lots were posted as potential sites
for city well , water plant and water tower locations.
Christensen asked if the Oaks of McHenry Subdivision was established before the
designation of the water tower was known. Narusis said the location for the water
tower was designated more than ten years ago at the time this property was annexed
into the City as one large tract of land. Kleemann said there may be persons who
purchased lots in the Oaks of McHenry who did not know that there was a potential
site for a water tower, water plant or well so close to their property.
� Batt said McHenry Commons Subdivision was subdivided and platted prior to the
subdividing of the Oaks of McHenry by Hemphill . Home by Hemphill is not responsible
for conveyi ng Lot 1 of McHenry Commons to the ci ty. That was done pri or to the
purchase of the Oaks of McHenry by Hemphill .
Christensen asked the potential size of the water tower. Batt said if would be
approximately 500,000 gallons; this would be about the same size and the samP height
as the tower in Tonyan Industrial Park.
Narusis asked Batt if these structures would substantially impact the sanitary sewer
system for the city. Batt said there would be minimal impact.
Christensen asked how much of the City the new water tower would service. Batt said
the tower would put out 1300-1400 gallons per minute. This well and tower would be
interconnected to the rest of the city water system.
Narusis addressed the Approval Criteria for conditional uses as stated in the
Petition.
Tobeck asked if there would be landscaping provided on these lots. Batt said the
lots would be seeded with grass. The city would maintain its property. The park
department will probably plant shrubs and/or trees on the sites.
Christensen asked if there could possibly be an underground storage tank rather than
an elevated si.orage tank. Batt said the city could build a ground reservoir on
Glacier Ridge; the elevation is high enough at that location. An elevated tank is
�-- needed on Lot 1, however, because of pressure needed for fire fighting capabilities
in this part of town. The installation of the tower would remove the pressure
fluctuation in this part of town.
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ZBA-City of McHenry
4/5/93
QUESTIONS OF PETITIONER BY THE OBJECTORS
Robert Alexander: The water plant proposed for Lot 13 of the Oaks of McHenry: on
which side of�:he lot would the additional 20' of the building be located. Batt said
L- the building ��etbacks would be met with regard to the south property line. If
anything, the �uilding would be pushed further to the north abutting Outlot A which
is also owned by the City. Alexander asked for clarification of the location of
Outlot A and Outlot B. Batt said that Outlot A is adjacent to Lot 13 and Outlot B
is the park la��d to the north of Chestnut Drive. Alexander said the signs notifying
potential landowners of the sites for water plant, water tower and well were posted
about two week�� after he purchased his home. Alexander asked what type of chemicals
would be used �'or the maintenance of the water system. Batt said the chemicals would
be dangerous. Alexander asked if the vapors from the chemicals would be disbursed
into the atmosphere. Batt said that is correct.
Tobeck asked if the public works department had received any complaints regarding
chemical problems at any of the other water facility locations in town. Batt said
he had not and all water facilities are located in residential neighborhoods.
Robert Alexander: Alexander asked what would be the duration of the time for
construction of the well . Batt said it would be less time than that which has
already been spent doing the testing. An approximation of that time would be three
weeks. Alexander asked if all welding would be done at the site. Batt said that is
correct. Alexander asked how the city would protect his home from overspray during
painting of the water tower. Batt said contractors are insured against such things.
Additionally, there is a new type of paint which evaporates before it hits the
ground. Alexander asked if the paint is biodegradable. Batt said he is not sure.
Donald Carlson: Carlson asked how big would be the construction vehicles which would
� be used in installing and drilling the well and during the construction of the
temporary building on Outlot B. Carlson said he is concerned regarding all of the
trees on that lot and that they not be harmed. Batt said the equipment used would
be similar to that used in testing the site. There would be a large derrick used in
setting the well . The derrick would be larger than previous equipment on this site.
Carlson asked that the city determine if another path can be taken to the well site
so that all of� the traffic does not pass by his home on the end of Chestnut Drive.
Carlson said there is a dirt path in the rear of the park lands which goes directly
to Riverside Drive. Batt said he would look into this as an alternative to getting
equipment to the site.
Joan Nickolausen: Nickolausen stated she represents the Phillips Group who manage
the McHenry Commons Subdivision. She asked how soon the city would be building the
elevated storage tank. Batt said he does not know at this point. Nickolausen asked
how long woulci it take to erect the tank. Batt said he is not sure. Nickolausen
asked how the city would gain access to the tank. Batt said access would be gained
vi a Outl ot A; there i s no pl an to put i n an access road from McCul l om Lake Road
directly to the tank site on Lot 1. Nickolausen asked if the municipal facilities
would be fencEd in for protection. Batt said the tower would be designed so that it
would be inaccessible to climbers. There has been no consideration given to fencing
the water plant lot or the well site. If need be, the tower could be fenced.
Nickolausen srid the well would be located on Outlot 6; there would be a link to Lot
13 and then to the storage tank. Where would the water travel from that point. Batt
said the water would flow to Pine Drive and through the subdivision, then link up to
the remainder af the city system.
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ZBA-City of McHenry
4/5/93
Mark K1ier_ ;1ier advised that at time of purchase, he was advised that there could
be a water pl �nt on Lot 13 and there was a potential for a tower on the McHenry
Commons Lot l. Klier said he was concerned regarding the storage of chemicals in the
�- residential neighborhood. He asked what form the chemicals would be stored in. Batt
said they wou� d be in liquid form when stored in the temporary structure. At the
permanent watEr plant facility, most would be stored in the gaseous form; however,
there would st.ill be some in liquid form. . Klier asked what quantity of chemicals
would be stored on the site. Batt said there would be 10-12 150# tanks. An
expectation of� delivery of chemicals to the premises would be once every couple of
months. Klier said he would like to go on record as stating he would not like these
facilities to be located on the subject property.
Calvin Crai� Craig said he was concerned regarding the security of the facilities.
Batt said there would be an alarm system; however, there would be no monitoring
device as far as the chemicals were concerned.
Robert_Alexander_ Alexander asked how the City would dissipate the noise from the
pumping stati��n. Batt said there would be only a couple of very small motors
running. There should be no appreciable noise from the water plant. There would be
no pump on site. Backwash would be done once every twenty-four hours. The only
equipment running most of the time would be the ventilation equipment and a small air
compressor (during backwash only, once every twenty-four hours) . Narusis asked if
there would be any discernible noise most of the time. Batt said there would not.
Alexander asked if the city would baffle the noise. Batt said there are no plans to
do so. There would be no fixed generator on-site. Alexander asked if the County is
prepared to handle a chemical spill of acid on this site. Batt said there would be
a safety shower available in the permanent water plant building. Batt said he is not
sure what the county is prepared to implement in the event of a chemical spill
� emergency. Alexander asked what type of special room would be designed for the
chemicals. Batt said this would be a concrete block building. Only the exterior
would be made to resemble the existing homes in the neighborhood. Batt said there
would be a backwash holding tank beneath the building which would be comprised of
poured concrete.
STATEMENTS BY THE OBJECTORS
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Vice Chairman Tobeck swore in the following Objector prior to his statement being
made before the Board:
1) Robert Alexander, 2005 Pine Drive, McHenry Illinois 60050.
Robert Alexander: "I ask the Board to reconsider this proposal ".
Vice Chairman Tobeck said, "there being nothing further before the 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
Motion by Kleemann, seconded by Christensen to recommend to the City Council that
the Pet;tioner's request for a conditional use to permit the construction and
operation of municipal water facilities owned by the City of McHenry, namely,
a water treatment plant on Lot 13 and Outlot A of the Oaks of McHenry
Subdivision, and a water well on Outlot B of the Oaks of McHenry Subdivision,
be granted; and that the Approval Criteria for Conditional Use, Table 31,
� pages 357-358 of the Zoning Ordinance have been met.
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ZBA-City of McHenry
4/5/93
Discussion on the Motion:
Christensen a�ked if the water plant could operate without the water tower. Batt
said it could.
� Votin�_on the Motion:
Voting Aye: Adamson, Christensen, Kleemann, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Dixon, Semrow, Swierk.
Motion carrie� 4-0.
Motion by Christensen, seconded by Adamson, to recommend to the City Council that
the Petitioner's request for a Conditional Use to permit the construction and
operati �n of an elevated water storage tank on Lot I of McHenry Commons II
Subdivision be granted; and that the Approval Criteria for Conditional Use,
Table 31, pages 357-358 have been met.
Voting Aye: Adamson, Christensen, Tobeck.
Voting Nay: Kleemann.
Not Voting: None.
Abstained: None.
Absent: Dixon, Semrow, Swierk.
Motion failed to carry 3-1: 4 votes are required to make a recommendation to the
City Council .
� ADJOURNMENT
Motion by Christensen, seconded by Adamson to adjourn this hearing at 9:00 p.m.
Voting Aye: Adamson, Christensen, Kleemann, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Dixon, Semrow, Swierk.
Motion carried 4-0. Hearing adjourned at 9:00 p.m.
Respectfully submitted,
�Cii�i t�. �%L�t°.��� �
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, Objectors (5) ,
City Engineers, Aldermen Reference Copy, Petitioner, Building & Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, City Clerk File.
Doc/ZBAMIN.363
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