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HomeMy WebLinkAboutMinutes - 3/1/1993 - Zoning Board of Appeals ZOIYING BOARD OF APPEALS MARCH 1, 1993 CITY OF MCHEPBY � 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. Page 2 ZBA-Parkway Bank � 3/1/93 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. Page 3 ZBA-Parkway Bank � 3/1/93 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. � Page 4 ZBA-Parkway Bank 3/1/93 � 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. L 001tH `�