HomeMy WebLinkAboutMinutes - 02/14/1994 - City Council SPECIAL MEETING
FEBRUARY 14, 1994
A Special Meeting of the McHenry City Council was called to order by
Mayor Cuda on Monday, February 14, 1994 at 7:30 P.M. in the Council Room
of the Municipal Center. At roll call the following Aldermen were
present: Bolger, Bates, Lawson, Baird. Alderman Locke arrived at 8:40
P.M. Absent: None. City Staff in attendance were City Clerk Gilpin,
City Administrator Peterson, City Attorney McArdle, Director of Public
Works Batt, and Director of Building and Zoning Lobaito. Absent: Chief
Joyce, Director of Parks and Recreation Merkel. Also in attendance were
petitioner David Kruk, Attorney Sam Diamond, Robert and Anna Kruk, and
Cheryl Barone, Court Reporter.
Mayor Cuda announced that the purpose of the meeting was to conduct a
public hearing on the proposed annexation of property known as Haystacks
Manor located on the south side of Bull Valley Road, approximately 2/10
of a mile west of the intersection of Bull Valley Road and Crystal Lake
Road. The common address of the property is 5003 W. Bull Valley Road.
The property consists of approximately 4 acres, and has a large unique
residential structure on it.
Samuel Diamond, attorney for the petitioner, addressed the Council
and gave a brief overview of the proposed annexation. Kruk purchased the
Haystacks Manor property in September, 1993. The property is composed of
approximately 4 acres with a very attractive and somewhat unique large
residential structure on it. Mr. Kruk had been in the market for a
restaurant and had looked at two other prospective purchases in the
McHenry area. When he found this property was available, he felt that it
was unique and ideally located for an upscale restaurant.
If the annexation and rezoning are approved, his plans call for the
preservation of the present existing architectural structure of the
building, as well as an addition which would totally complement and
conform to the existing architectural design. There will be no
replatting or subdividing of the site.
If the property is annexed, Mr. Kruk agreed to meet all applicable
building code regulations, and all provisions relating to fire safety and
so forth. Kruk's architect had prepared preliminary plans and
specifications for remodeling, the addition, and for such modifications
as were necessary to meet City codes. Designs of these plans were
presented to the Council for review.
The petitioner appeared before the Zoning Board of Appeals on
November 29, 1993, and requested that the subject property be
reclassified from A - County Agricultural use to C-3 Community Commercial
use. He also requested that a conditional use permit be granted to
permit the construction and operation of a restaurant serving alcoholic
beverages. The Zoning Board of Appeals denied both requests on a 0-5
vote. The main concern of the Zoning Board seemed to be the granting of
a C-3 Zoning District because of the many other allowable uses in that
C-3 District should the restaurant operation not continue.
Lengthy discussion took place on a text amendment to allow a use
variance in various zoning situations. Following this discussion, it was
the consensus of the Council that they liked the project, but could not
determine what zoning classification it should be placed in. Also, it
appeared that according to the Zoning Ordinance, there was no way to
allow this property to be zoned E-1 with a restaurant use, since a
restaurant use was not allowable in the E-1 zoning district.
Robert Fry of 513 Brookwood Trail, who was an objector at the Zoning
Board hearing, again spoke in opposition to various aspects of the
annexation proposal. His main concerns were the granting of commercial
zoning in that area, the driveway access to the property, the issuance of
a liquor license without some restrictions, and the 97 other uses that
are permitted if the C-3 zoning was granted.
During discussion, some Aldermen felt the annexation agreement could
be worded to restrict the property to a restaurant use, and others felt
`- that a use variance should be adopted by the Council. Concerns were also
expressed about a residential apartment in the establishment, preparation
of a tree survey to preserve as many trees on the property as possible, a
change in the driveway road alignment, possible acceleration lane, a sign
that would not illuminate the surrounding area, possible annexation fees,
and making the term of the annexation agreement 20 years instead of 10
years.
February 14, 1994 Page 2
Mayor Cuda asked if anyone else in the audience wished to be heard at
this public hearing. There was no response.
Mayor Cuda therefore, closed the public hearing at 9:15 P.M.
Discussion continued on ways to remedy the situation in cases where
the zoning ordinance did not address issues such as the Haystacks Manor
annexation proposal.
It was decided that at the next Council meeting, discussion would be
held on whether or not to submit a petition to the Zoning Board of
Appeals for a public hearing revising the Zoning Ordinance by amending
the text to allow for use variations. It was also suggested at that time
that the petitioner could present an amended petition requesting a use
variance, and that hearing could be dovetailed with the Zoning Board
hearing on the City's request for amendment to the Zoning Ordinance for a
use variation. It was also decided that the Zoning Board fees would be
waived for the petitioner at this combined Zoning Board hearing.
ADJOURNMENT
Motion by Bates, seconded by Lawson, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:53 P.M.
CITY CLERK MAYOR