HomeMy WebLinkAboutMinutes - 3/1/1993 - Zoning Board of Appeals ZOIYING BOARD OF APPEALS
MARCH 1, 1993
CITY OF MCHEPBY
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IN THE MATTER OF THE APPLICATION OF )
PARKWA't BANK & TRUST COMPANY, TRUST ) Z-360
��9644, FOR A CONDITIONAL USE TO THE ) PARKWAY BANK & TRUST
ZONING ORDINANCE OF THE CITY OF ) MCHENRY MARKET PLACE
MCHENRY, MCHENRY COUNTY, ILLINOIS ) CONDITIONAL USE
BEPORT OF THB
ZOftIPG BOARD OF APPEALS TO 1`SS
CITY COUNCIL, CITY OF PICHSPRY, ILLINOIS
A hearing on the above-captioned petition was held on March 1, 1993.
Chairman Semrow called the hearing to order at 7:35 p.m. The following
persons were in attendance:
1. 7.oning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon,
Emil Kleemann, Harry Semrow, John Swierk. Absent: Donna Tobeck.
2. Attorney for Zoning Board: Bernard V. Narusis.
3. Recording Secretary: Kathleen Kunzer
4. Uirector of Building & Zoning: John A. Lobaito.
5. Petitioner: Parkway Bank & Trust represented by George Voutiritsas,
beneficial owner of the trust, 510 West Wise Road, Schaumburg, Illinois
`�- 60193.
6. Attorney for Petitioners: None.
7. City Council Members: None.
8. Court Reporter: None.
9. Ob3ectors: None.
NOTICB OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on February 6,
1993. Publisher's Certificate of Publication is on file with regard to this
matter in the City Clerk's Office. Notices were mailed to all abutting
property owners and the sub3ect property was posted with a sign as required by
City ordinance. Affidavit of compliance with regard to notification
requirements is on file in the office of the City Clerk.
LOCATION OF THS SUBJECT PROPERTY
The subject property is located at 4400 West Elm Street, McHenry, Illinois,
60050 and is currently zoned C-5 Highway Commercial Zoning District.
SUrIlKARY
The Petitioner is requesting that a conditional use be granted to permit the
operation of a brake and muffler shop in the location of the former Good Year
�" Tire Store in the McHenry Market Place.
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TSSTIMONY
Chairman Semrow swore in the following witnesses for the Petitioner:
1) (Teorge Voutiritsas, 510 West Wise Road, Schaumburg Illinois 60193
2) t'rank Casey, 1866 Twede Road, Palatine Illinois.
Mr. Voutiritsas stated that the Petitioner is seeking a Conditional Use for
the sit:e which formerly housed the Good Year Tire Store in the McHenry Market
Place Shopping Center.
Mr. Casey said that he currently owns and operates 12 brake and muffler shops
in the Chicagoland area. Casey stated there would be no storage of hazardous
chemical or materials on-site. The proposed hours of operation would be
approximately 7:00 a.m. until 7:00 p.m, on Monday through Saturday. The shop
would be closed on Sunday. The dumpster area would be screened. Casey said
he hopes to improve the exterior appearance of the portion of the building
which he hopes to lease.
UESTIONS BY I�I�EgS OF TSS BOARD
Swierk asked if the existing parking ratio would be adequate. Voutiritsas
said there are approximately 171 parking spaces if he remembers correctly, for
this lot. Swierk asked if there would be over night storage of vehicles
on-site. Casey said there would be no over night outside storage of
vehicles. If in fact vehicles would have to be kept over night, they would be
stored inside of the building.
�— Christensen asked if there is a possibility of oil changes being done in
addition to the uses mentioned in the Petition. Casey said that is not his
intent at this point. It is possible that at some point in the future, oil
change specials could be run to help increase business for the facility, but
oil changes would not be done as a matter of course.
Kleemann asked what the corapany name would be. Petitioner stated it would be
Casey Muffler and Brake Shop.
Adamson asked how used brakes and brake fluid would be disposed of. Casey
said he has had no problera in the past disposing of these items. Scrap yards
pick up the used materials and parts. Adamson asked if the Petitioner has
ever received any citations for illegal disposal of hazardous materials or
anything of that nature. Casey said he has not.
Swierk asked if brakes are made out of asbestos. Casey said they are made out
of a semi-metallic substance. Swierk asked if refuse storage would be
maintained inside of the building. Casey said that would be correct. If
however, he finds that sorae outside storage is necessary, he would comply with
ordinance requirements for screening this area.
Semrow asked if there would only be front end work performed at this location,
i.e. , brakes, mufflers, shocks. There would be no oil change operation?
Casey said that is correct. Semrow said that the Petitioner would then have
no hazardous waste to dispose of with regard to this facility. Casey said
� that is correct.
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ZBA-Parkway Bank
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Lobaito asked if there was an oil change operation from time to time, where
would t.he Petitioner store the used motor oil. Casey said it would be stored
inside of the building in drums or tanks and would be picked up by a licensed
hauler. Lobaito noted that there would be a limit as to how much used oil
could be stored inside at any one time. Casey said he could never envision
more than 200 gallons at any one time.
Swierk said the Petition is requesting only a brake and muffler shop; oil
change operation has not been requested. Should the Petition be amended to
reflect this addition of the oil change operation? Narusis said the oil
change would be considered as an accessory use inasmuch as the Petitioner has
stated that it would not represent a substantial part of his operation.
Christensen asked if the proposed 7:00 a.m. start time would be in compliance
with city code. Narusis said it would comply.
Semrow asked if there were any restrictions on the lease. Voutiritsas said
the lease is basically for a brake and muffler shop. There are no
restrictions.
Narusis asked if the exterior of the building would remain the same except for
a change in signs. Casey said the building would remain basically the same,
except he may dress it up. He said he may want to put up an awning if
permissible by city code.
'� Semrow asked the Petitioner to explain who owned the remainder of the property
which was described in the Petition (that which is not the former site of the
Good Year Tire Store). Voutiritsas said all of the sub3ect property is owned
by the Trust as stated in the affidavit.
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."
DELIBERATIOIt AND RECOI�PDATION
Motion by Swierk, seconded by Christensen to recommend to the City Council that
the Petitioner's request for a Conditional Use to permit the operation
of a brake and muffler shop in the former location of the Good Year Tire
Store be granted; that there be no over night outside storage of
vehicles on the premises; and that Table 31, the Approval Criteria for
Conditional Use, page 357-358 have been met.
Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Tobeck.
Motion carried 6-0.
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3/1/93
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ADJOUBNMEPT
Motion by Christensen, seconded by Dixon to ad3ourn this hearing at 7:57 p.m.
Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Tobeck.
Motion carrier 6-0.
Chairman Serarow said "there being nothing further before this Board with
regard to the Petition, this hearing is ad3ourned at 7:57 p.ra.
Respectfully s mitted,
_ _
Harry e row, Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals Members (7), Plan Commission Members
(7), City Administrator, Director of Building & Zonin�, pW
Administration, City Engineers, Aldermen Reference Copy, Petitioner, B &
Z Zoning File, Landmark Commission Chairman, Northwest Herald, City
Clerk File Copy.
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