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HomeMy WebLinkAboutMinutes - 1/4/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS � JANUARY 4 , 1993 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) CHARLES Lf=WANDOWSKI AND JOAN P . ) Z-347 � LEWANDOWSKI , FOR AMENDMENT AND ) LEWANDOWSKI VARIATION OF THE ZONING ORDINANCE ) 4220 WEST CRYSTAL LAKE ROAD 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 January 5 , 1993 . At the request of the Attorney for the Petitioner , the meeting was called to order upon the arrival of all five expected members of the Board . Chairman Semrow called the hearing to order at 7 : 40 p .m . The following persons were in attendance : 1 . Zoning Board Members : Richard Adamson , Randy Christensen , Harry Semrow , John Swierk , Donna Tobeck . Absent : Wayne Dixon , Emil Kleemann . 2 . Attorney for the Zoning Board : Absent. 3 . Recording Secretary : Kathleen Kunzer . 4 . Director of Building & Zoning : John A . Lobaito . 5 . Petitioner : Charles ard Joan Lewandowski , 9008 Hickory Lane , � Wonder Lake , Illinois 60097 . 6 . Attorney for Petitioner : Thomas Rupp and Associates represented by Thomas Rupp , P . O . Box 745 , McHenry Illinois 60050 . 7 . City Council Members : None . 8 . Court Reporter : None . 9 . Objectors : 1 . R . Bruce Dunn , 4214 Crystal Lake Rd McHenry 2 . Claudia Dunn , 4214 Crystal Lake Rd McHenry 3 . Bert W . Farm , 4218 Crystal Lake Rd McHenry 4 . Harold J . Callis , 906 Hanley St McHenry 5 . William Warn , 4215 Crystal Lake Rd McHenry 6 . Anne 0 ' Brien , 908 N Woods St McHenry 7 . Robert F . 0 ' Brien , 908 N Woods St McHenry 8 . Viola Snyder , 4305 Crystal Lake Rd McHenry 9 . Robert Snyder , 4305 Crystal Lake Rd McHenry 10 . Roy Miller , 4221 Crystal Lake Rd McHenry 11 . Lynn Miller , 4221 Crystal Lake Rd McHenry 12 . Keith Olsen , 4217 Crystal Lake Rd McHenry 13 . Pat Coughlin , 4303 Crystal Lake Rd McHenry . � Page 4 ZBA-Lewandowski 1/4/93 UESTIONS OF THE_PETITIONER_BY_THE_OBJECTORS ------------ — — — — Bruce Dunn : Did the Petitioner tell the previous owner of his �. intended use for this property? Mr . Lewandowski said he did . Dunn asked if the Petitioner is aware of the requirement of the Zoning Ordinance for a minimum 200 ' lot width in the 0-1 District . Lobaito said that this lot is exempt from this requirement because it was an existing lot of record as of the effective date of the Zoning Ordinance ( 12/22/86 ) . Dunn asked the distance from the north side of the building to the north property line . Lewandowski said it is 26 feet . Pat Cou�hlin : How sure are we that the Petitioner would remain in this location once the zoning has been approved? Lewandowski said that in the past he has always rented . Because he owns this site , he would be less apt to move from it . Coughlin asked if the Petitioner leaves this site , what happens next? Lewandowski said he would not leave . Coughlin asked what type of sign the Petitioner would install . Lewandowski said he would want visibility from the north and the south ; the sign would be illuminated and comply with ordinance requirements . Chairman Semrow interjected that once the zoning for this property would be amended , any use that is allowed in an 0-1 Local Office District would be permitted on this site . Rupp said that is part of the Board ' s responsibility : to decide if the Petitioner ' s request should be granted with regard to the zoning reclassification . � Anne 0 ' Brien : If this zoning is granted , couldn ' t there be a problem with all properties in the area turning into commercial or office uses? Rupp said that it could but nothing is certain . Viola Sn�der : Wouldn ' t this rezoning decrease the value of my property? Rupp said that is not a part of the Approval Criteria for granting zoning amendments . Keith Olsen : The City has been known to encourage small businesses to succeed , does the Petitioner think that the City is discouraging small families from purchasing small starter homes by converting small homes into business properties? Lewandowski said that converting this one home into an office will not discourage first time buyers in McHenry . William Warn : Will the on-sit� parking be adequate for this use? Mr Lewandowski said that no one who comes to the facility will stay very long . Warn asked what the Petitioner would do with overflow vehicles . Lewandowski said that he doesn ' t believe there would be a problem with the parking . Robert 0 ' Brien : How long has the Petitioner been at his current business location at 3513 West Elm Street? Lewandowski said he has been at that location for five years . 0 ' Brien asked if the parking � was adequate at that site for his business . Mrs . Lewandowski said that clients parked in the City Green Street parking lot or on Green Street . Semrow asked if the Petitioner monitors where clients park at their current facility . Mrs . Lewandowski said that Page 5 ZBA-Lewandowski 1/4/93 they do t.o the extent that parki ng i s prohi bi ted i n the pri vate - lot to th�� rear of the building and she advises clients not to park � in that location . Keith Olsen : Why does the Petitioner want to move from a Route 120 location to a residential district along Crystal Lake Road? Mr . Lewandowski said that he would prefer to own his property and not be a landlord overseeing a larger site with more than one office space . This is a suitably sized parcel and building for his needs . TESTIMONY Attorney Rupp asked Mrs . Lewandowski if she were to answer all of the questions regarding the Approval Criteria for Zoning Amendments and Approval Criteria for Variances , would her answers be basically the same as those given by her husband . She said they would . QUESTIONS OF PETITIONER BY MEMBERS OF THE BOARD ----- Adamson asked what would be the peak times during which clients would come to the facility . Mrs . Lewandowski said from noon until 1 : 30 p .m . payments are being made . Semrow asked approximately how many clients would use the facility during the peak times . Mrs . Lewandowski said approximately 3-4 patrons would use the facility during that time . Swierk said the rezoning of this property should have no adverse impact on the surrounding properties , including the property values . � QUESTIONS OF THE PETITIONER BY THE OBJECTORS -------------------------------------------- Viola_Sn,yder : If only 3-4 patrons use the facility during peak times , when do the other 12-15 patrons use the facility on a daily basis? Mrs . Lewandowski said that would be during the hours of 9 a .m. and 5 : 30 p .m . Claudia Dunn : There are two large trees in the front yard of the subject property . Would those trees be removed in order to place the proposed sign in the front yard? Mr . Lewandowski said the trees would not be removed . Chairman Semrow said that with regard to the sign , the minimum setback woul d be 7 feet from al 1 property 1 i nes . Semrow as ked what the hours of illumination of the sign would be . Mr . Lewandowski said that would be during the hours of operation only . Bruce_Dunn : Why illuminate the sign if it would be illuminated during the daylight hours only? Mr . Lewandowski said that the most effective sign would be an illuminated one . TESTIMONY Ray Simon , a licensed realtor with Century 21 Care Real Estate , was asked to testify on behalf of the Petitioners . Simon stated that he practices real estate approximately 30-40 hours per week and has been licensed in the business for 7 years in the State of Illinois . � Page 6 ZBA-Lewandowski 1/4/93 Rupp asked Simon if the rezoning of a property such as the one in question this evening would adversely affect the property values �, in the immediate area . Simon said it would not . Swierk asked if Simon was a certified appraiser . Simon said he is not . Swierk asked if Simon has experience as an appraiser . Simon said he does have experience as an appraiser . Semrow asked if Simon ' s experience in appraising was in the commercial field as well as the residential field . Simon indicated that he has commercial experience in appraising as well as residential . Swierk asked if there were two identical homes for sale and one was in an entirely residential neighborhood and the other was in a block which was residential with the exception of one office , which house would sell first? Simon said that the one adjacent to the office would because of the possible dual use nature of the building ( office and residential ) . Motion by Swierk , seconded by Tobeck to recess at 9 : 18 p .m . Motion carried . The hearing reconvened at 9 : 25 p .m. with all members of the Board still in attendance . UESTIONS OF THE WITNESS BY THE OBJECTORS ---------------------------------------- William Warn : You said that there would be no adverse impact on surrounding property values ; why did the property just south of Mill Street take so long to sell ? Simon said he did not know the answer to that question . � Ro�_Miller : How long was the subject property on the market before it was sold? Simon said approximately two months . STATEMENTS_BY OBJECTORS --------- ------ ---- Ro�_Miller : " I bought my home in 1986 . My reason for buying in this area was because this was a 30-year residential area of the community . I wanted trees and nice property . I don ' t want to see this area degraded . I don ' t want to look at a sign posted in the front yard of this property . A sign would impede view of traffic leaving Hanley Drive . The commercial build-up such as Ace , McHenry State Bank , the Post Office , has all occurred to the south of this property . Regarding property values , my first question of my realtor at Century 21 Care after receiving notice of this hearing was how would this affect my property value . My realtor told me that my property value would go down . If one business goes into this area , it will not benefit the area residents . The entire area will turn into a business district and the neighborhood character will be lost . Parking is not adequate on this site . I have great concern regarding accidents at this intersection . I cite the stretch of Route 31 to the north by Arrow TV as a prime example of what will happen to our neighborhood . We do not want this to become a business district . " Cross-examination by Attorney Rupp : Mr . Miller , do you know who listed Arrow TV when it was for sale? Miller responded that he did not . � Page 7 ZBA-Lewandowski 1/4/93 Bruce Du��n : " I bought my house 12-13 years ago . It was a small 2 bedroor� house which we have since outgrown . We have added onto � my home ^ather than move to a larger home , because we enjoy this neighborf�ood . The site mentioned in this Petition can not be compared to an office district ; it does not fit the intent of the Zoning ()rdinance regarding an office district . The Zoning Ordinance states that the 0-1 District should act as a buffer between residential zoning and the more intense 0-2 Office Park . I have spoken to Mr . Batt regarding having traffic backing out of this site onto Hanley Drive . He is not in favor of this either . A sign , if posted on this property , should not be illuminated . A sign on that lot would interfere with vision clearance at the intersection of Hanley and Crystal Lake Road . There is a bus pick- up location on that site for School District 15 . A sign on that site would make it dangerous for the children awaiting their bus . This area of town should remain residential . There is a great demand for small starter houses . This house should remain a starter house . ° Cross-examination by Attorney Rupp : Mr . Dunn , when did you purchase your home? Dunn said he purchased it 12-13 years ago . Rupp asked Dunn if he had researched the zoning of the surrounding property prior to purchase of his home . Dunn said he did not ; he had no reason to research it . Rupp asked Dunn if he had looked into the zoning and possible use for the Whispering Point Center property and other vacant property in the area . Dunn said he did not ; every building within his block was residential and that was � all he was concerned with at that time . Rupp asked Dunn if he is completely surrounded by residential property at this time . Dunn said that all property in his immediate area is residential . Everything is built up as residential . The only way to change it would be to rezone as the Petitioner is proposing tonight . Swierk pointed out that the Comprehensive Plan shows this area as Urban Residential . Claudia Dunn : "Within the Whispering Oaks subdivision and along Crystal Lake Road there are many large trees for everyone to enjoy . I do not want these trees removed so that signs can be installed . One of my chi ldren uses the bus stop mentioned at the corner of Hanley and Crystal Lake Road . I have a strong concern regarding this . It would be a dangerous environment for children at a bus stop with cars backing out of the driveway and the sign impairing vision at the intersection . " Bert Farm : " I have lived in my home for 38 years . I assumed this area would remain residential . Parking of vehicles so close to my home will be noisy . In the summertime , fumes from the cars coming and going will be a nuisance . I will lose my privacy in my backyard . I will look out my front window and see a sign in the middle of my neighbor ' s yard . " Christensen asked if there was a vacant lot between Mr . Farm ' s `-- property and the subject property . Mr . Farm said his property abuts the subject property . Semrow asked what separates Mr . Farm ' s property from the subject property . Mr . Farm responded "grass " . Page 8 ZBA-Lewandowski 1/4/93 Cross-examination by Attorney Rupp : Mr . Farm, have you experienced any problems with the current tenants on the subject premises . � Farm said no . Keith Olsen : "We are not out to do Mr . Lewandowski any harm . We are here for the betterment of our property . We are putting our children in jeopardy with a sign in the front yard of this site . I disagree with Mr . Simon . If someone offered me two identical pieces of property , I would choose the one in the residential area and not the one adjacent to an office building . I speak as a consumer . " CLOSING STATEMENT BY PETITIONER Attorney Rupp said the Petitioner is not before this Board to create problems for the neighborhood . The Zoning Board of Appeals job is to determine if the Criteria for Zoning Amendment and Zoning Variance have been met and satisfied . Parking seems to be an issue . However , there is ample room on the site to increase the parking and to make a turnaround area if necessary to satisfy the City . The Zoning Ordinance requires 3 . 5 spaces . The Petitioner has submitted a plan indicating 4 spaces . The requirement has been met . Parking should not be an issue . The Petitioner has indicated that he will meet the terms and provisions of the Ordinance . No variance is being sought with regard to the parking requirements of the Ordinance . The Petitioner has met the Approval Criteria of Table 32 and Table 33 of the Zoning Ordinance . Crystal Lake Road is a high traffic arterial road in the City of McHenry . With � reference to meeting the terms of the Comprehensive Plan , the character and complexion of the area indicates that Crystal Lake Road is an arterial . Office use is appropriate for this area . We respectfully request that the Board recommend approval of the Petitioner ' s request this evening . CLOSING STATEMENT BY OBJECTORS Ro,�_Miller� "We would like to keep our neighborhood intact . " DELIBERATION AND RECOMMENDATION Motion by Swierk , seconded by Christensen to recommend to the City Council that the request for Reclassification of the subject property from RS-4 to 0-1 Local Office be granted and that a variation be granted to permit a corner side yard setback of 8 . 5 feet; that the Approval Criteria for Variance , Table 32 , pages 376-377 of the Zoning Ordinance have been met ; and that the Approval Criteria for Zoning Amendments , Table 33 , page 401 of the Zoning Ordinance have been met . Voting Aye : None . Voting Nay : Adamson , Christensen , Semrow , Swierk , Tobeck . Not Voting : None . Abstaining : None . Absent : Dixon , Kleemann . Motion failed 0-5 . � Page 9 ZBA-Lewandowski 1/4/93 - ADJOURNMENT '� Chai r�man Semrow sai d " there bei ng nothi ng further before thi s Board with regard to the Petition , this hearing is adjourned at 10 : 15 p �m � I Respectfully submitted , ----- — ------------------- Harry e ow , Chairman Zoning Board 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 , Objectors ( 9 ) , B & Z Zoning File , Landmark Commission Chairman , Northwest Herald , City Clerk File Copy . DOC . ZBAMIN . 347 � �