HomeMy WebLinkAboutMinutes - 3/8/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS
MARCH 8, 1993
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION OF )
� LOWELL R . AND LISA R . KIVLEY ) Z-359
FOR A USE VARIANCE OF PROPERTY ) LOWELL AND LISA KIVLEY
ACCORDING TO THE ZONING ORDINANCE ) 402 N . FRONT STREET
OF THE CITY OF MCHENRY , MCHENRY ) USE VARIANCE
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 March 8 ,
1993 . Chairman Semrow called the hearing to order at 7 : 30 p .m .
The following persons were in attendance :
1 . Zonina Board Members : Richard Adamson , Randy Christensen ,
Wayne Dixon , Emil Kleemann , Harry Semrow , Donna Tobeck .
Absent : John Swierk .
2 . Attorney for the Zoning Board : Bernard V . Narusis .
3 . Recording Secretary : Kathleen Kunzer.
4 . Direc+or of Building & Zoning : John A . Lobaito .
5 . Petitioner : Lowell and Lisa Kivley , 402 North Front Street ,
�
McHenry Illinois 60050 .
6 . Attorney for Petitioner : None .
7 . City Council Members : Alderman Randy Patterson .
8 . Court Reporter : None .
9 . Objectors : None .
NOTICE OF PUBLICATION
Notice was published in the Northwest Herald on February 15 , 1993
and the Pu!�lisher ' s Certificate of Publication is on file in the
City Clerk ' s office . An affidavit of service to abutting property
owners is on file in the office of the City Clerk .
LOCATION OF= THE SUBJECT PROPERTY
The subjec�: property is loceted at 402 North Front Street and is
comprised c�f approximately . 389 acres .
SUMMARY
The Petitic�ner is requesting that the subject property be granted
a use variance to permit the operation of a professional officP on
the premisE�s ; that the project be implemented in two phases ; that
during the first phase the Petitioners be permitted to reside on-
site ; that a sign be allowed to be placed on-site for purposes of
�. advertizinq the location of the facility .
ZBA-Kivley
3/8/93
TESTIMONY
Chairman Semrow swore in the following witnesses for the
�, Petitioner :
1 ) Lowell R . Kivley , 402 North Front Street McHenry Illinois
60050
2 ) Lisa f; . Kivley , 402 North Front Street McHenry Illinois 60050 .
Mr . Kivley stated that he had no prepared testimony , but that he
believed tne Petition should stand on its merit . He invited the
Members of the Board to ask questions of him and Mrs . Kivley .
QUESTIONS BY MEMBERS OF THE BOARD
Tobeck asked how long the Petitioners have owned the subject
property . Mr . Kivley said they have owned the property since 1989 .
They purchased the property from his mother ; this was his childhood
home . Tobeck asked if when the project is in Phase I , do the
Petitioner�� plan to reside in the building . Mr . Kivley said that
was the pl ��n . Phase II ( converting the remainder of the building
into a counseling facility ) would be implemented within one year .
Kleemann asked the Petitioner to address the concerns raised by
Lobaito in his memo to the Board of February 26 , 1993 :
Item #2 : What egress/ingress does the Petitioner propose to the
site •, would there be direct access onto Route 31 . Mr . Kivley said
he has been assured by Tom Nuzzo from IDOT that there would be no
problem in gaining a permit for a curb cut to the subject premises .
�„ The exact location of the curb cut is not known at this time .
Kivley stated that he is proposing to have entry to the site from
Route 31 and exit from the site onto High street at the location of
the existing driveway .
Item #3 : Kleemann asked if the Petitioner was intending to live on
the premisE�s during the construction of Phase II of the project .
Mr . Kivley said that this was included in his request for variance .
Narusis sa- d the property would still be zoned residential with a
use variance to permit the counseling facility on-site . The
request is similar to a home occupation permit in a residential
district. This would basically be an expansion of the home
occupancy .
Item_ #4 : Kleemann asked what type of sign the Petitioner was
requesting . Mr . Kivley said he is proposing that the sign meet the
criteria of the office district .
Item #5 : Kleemann asked the Petitioner to elaborate on the parking
plan for tre site . Mr . Kivley said he has enough room to provide
15 parking spaces which surpasses the requirement of the office
district . The use would require that 8 spaces be located on the
site .
Item #6 : k�leemann asked if there would be a refuse disposal area
located on the site . Mr . Kivley said that he was proposing to use
�' the storage shed for storing refuse .
Page 3
ZBA-Kivley
3/8/93
Semrow as4:ed if there would be access to all proposed 15 parking
spaces fr��m Route 31 . Mr . Kivley said there would be . Semrow
�-- asked whe ^e traffic would exit from the site . Mr . Kivley said
traffic wc�uld exit onto High Street at the site of the existing
driveway . Semrow asked what type of counseling was conducted by
the Petitioner . Mr . Kivley said he counsels in the areas of
marriage and family . Semrow asked the Petitioner what the existing
traffic ps�tterns were for his business . Mr . Kivley said that a
typical d<<y would involve 5-6 counseling sessions . Each session
would las� one hour . In order to allow for overlap of clients
attending sessions , Mr . Kivley said he would like to plan for 15
parking spaces .
Semrow asked the number of employees for the firm . Mr . Kivley said
there is iust one besides himself , and that would be a part time
counselor. Semrow asked the proposed hours of operation . Mr .
Kivley said the counseling sessions would fit into the window
between n��on and 9 p .m . Semrow asked if the Petitioner would
provide e �terior lighting on the premises . Mr . Kivley said he
would pro�iide lighting for the parking area . He said he would
install the lighting in such a way that the building would shield
the lighting so that there would be no light pollution for
neighboring properties .
Dixon said that if the traffic is to egress onto High Street , would
the Petitioner address paragraph 8g of the Petition insofar as
"many properties in close proximity are already being used for
L— business purposes " . Dixon asked if any properties located on High
Street were being used for business purposes . Mr . Kivley said they
were not .
Semrow said the Petition states that the property value has been
depreciated if it were to be sold as it is presPntly zoned . Does
the Petitioner intend to remain at this location? Why address the
sale of this property if there is no intent to sell it? Mr Kivley
said that he realizes that the use variance if granted would be
voided if he were to move his counseling facility from this
location . He said that it is his intent to remain in this area .
It is his intent to use this site for a counseling facility rather
than a re�, idence .
Tobeck asked about Phase II , when the additional parking plan is
implemented , creating a total of 15 spaces : Who would want to
purchase this property as a residence if there is a 15-space
parking lot on-site . If this property reverts back to its
residenti �tl use , should the Petitioner vacate the premises , the
parking lc�t on-site could be a real issue . Tobeck said she could
envision << rezoning petition coming before the City in the event
the proper�ty is sold . If this property were then rezoned , it would
not be in keeping with the surrounding environs of the area .
�
Page 4
ZBA-Kivley
3/8/93
Semrow asked Narusis the length of duration of a use variance if it
� were grarted . Narusis said the variance goes with the property ,
not the cwner . However , the variance that would be �ranted would
be for a very specific use , i . e . , a professional marriage and
family cc�unseling practice . If the subject property were to be
rezoned , however , then the entire list of permitted uses in the
office district would be allowed .
Christen� en asked if there is a sidewalk along Front Street on this
property . Mr . Kivley said there is ; the parking plan would not
interfere with the sidewalk .
Adamson asked why the Petitioner was intending to install so many
parking spaces . Mr . Kivley said he wanted to be sure that adequate
parking would be provided to accommodate any overlap in clients
sessions .
Semrow asked if the parking spaces shown which are located adjacent
to High Street were filled , would there be a potential vision
problem for vehicles exiting the parking lot. Mr . Kivley said
there is a fifteen foot parkway/easement between the street curb
and his south property boundary . This parkway should provide
clearance so there would be no vision problem . Mr . Kivley
submitted Exhibit E ( attached hereto ) and indicated that the
parking plan would be implemented as a part of Phase I . Mr . Kivley
said that vehicles would be parked at a minimum of 15 feet from the
curb line on High Street , so there should not be vision impairment.
�
Christensen asked Lobaito if there would be enough aisle width for
all of the parking spaces shown on the revised plan ( Exhibit E ) .
Lobaito said the width of the aisle would be dependent upon the
degree of the angle of the parking spaces . Christensen asked where
the clients would enter the facility . Mr . Kivley said the entry
would be at the northwest corner of the garage .
Semrow a � ked the Petitioner if he would conform to the Illinois
HandicapF�ed Accessibility Code . Mr . Kivley said he would comply .
Christensen asked the Petitioner if he would change the structural
appearanc:e of the building on the premises . Mr . Kivley said they
would add flood lights and close off the overhead garage door .
Those woiald be the only exterior changes to the structure .
Tobeck asked if the use variance is granted and the building
reverted back to a residential dwelling , it would then become a
nonconfo��ming structure because there would be no garage . Narusis
said th� t would be an enforcement problem for the Building
Department and the owner would be required to provide a garage on-
site . Lcbaito asked if there would be a problem with the structure
being a residential dwelling unit for one year during Phase I
without �� garage on-site . Narusis said that is a part of the use
,�.
ZBA-Kivley
3/8/93
variance request . Narusis said the Petitioner should provide a
letter to the City Council requesting relief from the Municipal
� Code requirement that a garage be located on the premises .
Semrow ask �d the Petitioner if the building were sold as an office
use and not as a residential dwelling unit , would he receive fair
market valae for it . Mr . Kivley said he would .
CLOSING STATEMENT BY PETITIONER
-------------------------------
Mr . Kivley said he appreciated the interest shown and the questions
posed by ME�mbers of the Board . This hearing allowed him to present
his case fairly regarding his property as well as the surrounding
properties . He said he believed his request for use variance would
protect not only the best interest of the subject property , but his
neighbor ' s best interests as well .
Narusis said that although the Petitioner addressed the Approval
Criteria for Variances , these findings are not an essential part
of the use variance procedure . The Board should address this
request as a mini -reclassification with a specific use being
granted at the Petitioner ' s request and not an entire host of
permitted uses within a particular zoning district.
Lobaito asked that the Board include the criteria standards for the
proposed sign in its motion .
DELIBERATION AND RECOMMENDATION
-------------------------------
� Motion by Kleemann , seconded by Christensen to recommend to the
City Council that
the Petitioners request for a use variance to permit the
operation of a professional office for marriage and family
counseling on the subject premises be granted ; that the
project be implemented in two phases ; that during the first
phase the Petitioners be permitted to reside on-site ; that the
proposed sign conform to the criteria for signs in an 0-1
Zoning District ; and that the Approval Criteria for Variances ,
Table 32 , pages 376-377 of the Zoning Ordinance have been met .
Voting Aye : Christensen , Dixon , Kleemann .
Voting Nay : Adamson , Semrow , Tobeck .
Not Voting : None .
Abstaining : None .
Absent : Swierk .
Motion failed 3-3 .
There will be no recommendation to the City Council with regard to
this Petition .
—�.-
ZBA-Kivley
3/8/93
ADJOURNMENT
Motion by Christensen , seconded by Dixon to adjourn at 8 : 42 p .m .
�
Voting Aye : Adamson , Christensen , Dixon , Kleemann , Semrow ,
Tobeck .
Voting Nay : None .
Not Voting : None .
Abstaining : None.
Absent : Swierk .
Motion carried 6-0 . This hearing was adjourned at 8 : 42 p .m .
Respectfully submi ed ,
G�J
----------- ----------------
Harry Semro , Cha � rman
Zoning Boar of Appeals
c : Agenda , Zoning Board of Appeals ( 7 ) , Plan Commission ( 7 ) , City
Administrator , Director of Building & Zoning , PW
Administration , City Engineers , Aldermen Reference Copy ,
Petitioner , B & Z Zoning File , Landmark Commission Chairman ,
Northwest Herald , City Clerk File Copy .
DOC . ZBAMIN . 359
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