HomeMy WebLinkAboutMinutes - 01/20/2016 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
January 20, 2016
Chairman Strach called the January 20, 2016 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Bromley,
Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Director
of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf.
No one signed in to speak during Public Input.
Approval of Minutes
The December and January Minutes will be presented and approved at the February Meeting.
Continued Public Hearing: Randy Jeschke, Next Auto Sales
File No. Z-877
1112 Front Street (Illinois Route 31)
Conditional Use Permit to allow an Open Sales Lot; Variance from the Off-Street Parking and Loading
Requirements and any other Variances required from the Zoning or Subdivision Control and
Development Ordinance to allow the use of the Subject Property
for automobile and trailer sales and repair
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 877, an application
for a Conditional Use Permit to allow an Open Sales Lot; Variance from the Off-Street Parking and
Loading Requirements and any other Variances required from the Zoning or Subdivision Control and
Development Ordinance to allow the use of the Subject Property for automobile and trailer sales and
repair as submitted by Randy Jeschke, for the property located at 1112 Front Street (Illinois Route 31),
McHenry, IL.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
December 23, 2015. Notices were mailed to all abutting property owners of record as required by
ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance
with notice requirements are on file in the City Clerk’s Office.
In attendance was Randy Jeschke, Next Auto Sales, 1112 Front St., McHenry, IL and Ron Bykowski,
Property Owner, 816 Regner Rd., McHenry, IL who were sworn in by Chairman Strach. Mr. Jeschke
provided a summary of the request before the Commission at this Hearing stating they recently
expanded and moved their business and are asking for a conditional use permit to allow outdoor sales
and display of vehicles at their new location.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating in 2013 Randy Jeschke, owner of Next Auto Sales was granted a conditional use permit to
allow an open sales lot at 3706 W Elm and has been very successful selling vehicles at that location. He
has moved his business to 1112 N Front Street (former Overton Cadillac Building), which is a significant
increase in lot and building size from his existing location. Mr. Jeschke is seeking a conditional use
permit to allow an open sales lot for the leasing and sale of cars and small trucks in conjunction with his
indoor showroom, in addition to a variance from the parking and loading requirements at 1112 N Front
Planning and Zoning Commission
January 20, 2016
Page 2
Street. The applicant was granted a temporary use permit by the City Council to allow the outdoor
display of vehicles through February 29, 2016.
A diagram depicting the property at 1112 N Front Street, proposed customer parking, outdoor display of
inventory and employee parking, as well as photographs of the site was presented. The applicant had
the lot seal coated and it will be striped when the weather improves.
The approval criteria for conditional uses were presented. Staff is extremely supportive of the proposed
expansion and believes it will not have adverse or deleterious impacts on abutting properties. Staff will
require the applicant make contact with IDOT to ensure the existing ingress and egress are acceptable.
Staff believes the use meets the criteria outlined in Table 31 and will recommend there is no light
trespass particularly onto adjacent residential properties to the north, east and south and minimal
security lighting is maintained at all times.
The zoning ordinance requires 2.5 parking spaces/1,000 square feet of net floor area for an automobile
sales use, therefore by ordinance the applicant is required to provide 22 parking spaces. Staff believes
this is excessive, as the interior of the building is being used solely for vehicle display and sales, and the
applicant will not have more than three or four employees on-site at any one time. When the lot is
restriped there will be nine spaces along the east property line and five spaces directly south and
adjacent to the building. The inventory space cannot be counted towards meeting the parking
requirement; therefore a variance of seven spaces is required.
This is a redevelopment of an existing site and parking expansion is not possible. The building was
formerly utilized for car sales and many of the applicant’s orders are done over the internet, therefore
many customers are not on-site for a long period of time. Staff does not believe there will be a parking
problem, as long as the five spaces south of the building are maintained as primary customer parking
and the nine spaces along the east property line are utilized by employees with overflow for customers
if needed. Staff supports this request and believes the criteria outlined in Table 32 have been satisfied.
Director of Economic Development Martin stated Staff is recommending approval of a Conditional Use
Permit to allow an Open Sales Lot and Variance from the Off-Street Parking and Loading Requirements
with conditions, as presented, and upon compliance with all conditions listed, staff finds all criteria in
Tables 31 and 32 of the zoning ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Thacker asked if customers will park on the South side and only exit onto Waukegan Road
or if they will be able to exit onto Front St. Mr. Jeschke replied Waukegan Rd. is the primary exit.
Commissioner Thacker also inquired if any neighboring property owners have indicated any
conversations with Mr. Jeschke regarding his move. Mr. Jeschke stated that one resident visited his
business and welcomed them to the neighborhood.
Chairman Strach opened the floor to questions and comments from the audience. There was nobody in
attendance who wished to address the Commission regarding this matter. Chairman Strach closed the
public comment portion of the hearing at 7:40 p.m.
Planning and Zoning Commission
January 20, 2016
Page 3
Motion by Bromley, seconded by Meyer, to recommend to the City Council with regard to File No. Z-
877, an application for approval of a Conditional Use Permit to allow an Open Sales Lot and Variance
from the Off-Street Parking and Loading Requirements on the subject property with the following
conditions:
1. Outdoor display of leaking vehicles is prohibited.
2. Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited.
3. Vehicles for sale should not impede access or circulation and cannot occupy required customer
or employee parking spaces.
4. Vehicles shall be not loaded or unloaded within Front Street rights-of-way and may be
loaded/unloaded in the Waukegan Street right-of-way as-needed but cannot impede vehicular
traffic.
5. All vehicles for display must be located on the Subject Property and within City or State right-of-
way.
6. Approval/confirmation from IDOT on the existing access points shall be obtained.
7. Parking/striping should generally be delineated as depicted on the site plan attached with
employee parking to the east of the building and customer-only parking immediately south and
adjacent to the building.
8. Light trespass to the north, south and east from the subject property shall be prohibited and any
after-hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be
shielded directly onto the lot away from adjacent residential to the north, east and south.
9. Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a
primary function of the business operation of selling vehicles.
10. Vehicles displayed shall be kept in an orderly manner.
11. Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is prohibited
unless a variance from the sign ordinance is approved by the City Council.
12. There shall be no outdoor music or entertainment of any kind without the applicant applying for
a temporary use permit.
13. All new lighting standards and any other improvements not specifically addressed herein on the
Subject Property shall comply with all applicable City ordinances including complying with
minimum parking lot lighting requirements.
Be granted and that Tables 31 and 32 of the Zoning Ordinance have been met.
Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-877 at 7:42 p.m.
Planning and Zoning Commission
January 20, 2016
Page 4
Public Hearing: DHB Real Estate Corp.
File No. Z-881
4405 W. Elm Street (Illinois Route 120)
Use Variance to allow a financial institution and any other variances required
effectuating the aforementioned request at 4405 W. Elm Street, McHenry, IL
Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-881, an application
for a use variance to allow a financial institution and any other variances required effectuating the
aforementioned request on the Subject Property as submitted by DHB Real Estate for the property
located at 4405 W. Elm Street (Illinois Route 120), McHenry, IL.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
December 31, 2015. Notices were mailed to all abutting property owners of record as required by
ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance
with notice requirements are on file in the City Clerk’s Office.
In attendance was Tyler Manic, Attorney, Schain, Banks, Kenny & Schwartz Ltd., 70 W. Madison St., Suite
5300, Chicago, IL 60602, Steven Lenet, 3520 N State St., Chicago IL, and David Barr, Applicant, 1610 Tall
Tree Lane, Deerfield, IL, who were sworn in by Chairman Strach. Mr. Manic provided a summary of the
request before the Commission at this Hearing stating the applicant is requesting a use variance to
relocate their business from the present location at 4213 W. Elm Street (east of the subject property) to
this new location of 4405 W. Elm Street. Their intent is to continue business in the same manner as the
consumer loan business and currency exchange they have run for 18 years at the prior location. The new
location will offer an upgrade in services for customers and for employees as well. Mr. Manic stated
they have read the staff report and are willing to adopt and follow the statements requested in that
report.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject property is zoned C-5 Highway Commercial District and contains a vacant
building consisting of approximately 2,800 square feet. In April 1996 Bernie’s Garage and Diner opened
its doors. In 1997 a conditional use permit to allow a restaurant serving alcoholic beverages without live
entertainment or dancing was approved by the City Council.
There has been a series of restaurants following Bernie’s Garage and Diner; however the last one closed
its doors early in 2013. Currently, the subject property contains a one-story frame building, which is
approximately 2,800 total square feet and has approximately 43 parking spaces.
In 2013 TitleMax applied for a use variance to allow a financial institution on the subject property. Staff
recommended denial of the requested use variance in 2013; the Planning and Zoning Commission
recommended approval and the City Council did not approve the use variance. Following the City
Council meeting TitleMax initiated litigation against the City as a result of denial. The lawsuit was
subsequently withdrawn after several months.
The applicant is requesting a use variance to open a financial institution, which consists of a currency
exchange and consumer installment loan business on the subject property. In 2012 a use variance was
granted to allow a residential use and a financial institution at 4509 W Elm Street (west of the subject
property), which is the current location of Mid-West Title Loans. A use variance is required to
Planning and Zoning Commission
January 20, 2016
Page 5
specifically permit the proposed financial institution in the C-5 zoning district. In accordance with the
zoning ordinance all of the requirements/conditions of Table 32(A) must be satisfied in order for a use
variance to receive a positive recommendation from the Commission.
In 2013 staff did not believe a hardship existed at the subject property to justify the proposed land use
and was not convinced the property could not develop a reasonable return if restricted to other land
uses in the C-5 zoning district. At that time the subject property had been vacant for less than a year.
Staff was also concerned there were no unique circumstances peculiar to the site, which generally do
not apply to other properties within this same zoning district which would inhibit its redevelopment.
Also in 2013, staff noted similarities and differences between the two properties, 4405 and 4509 W Elm
Street. The property at 4509 W Elm, prior to being occupied by Mid-West Title Loans, was vacant for
several years; whereas the property located at 4405 W Elm had been vacant for less than one-year.
Both properties are fairly deep (north-south); however the property at 4509 W Elm Street is a couple
hundred feet deeper. The property at 4509 W Elm is also a mixed-use building, more narrow and the
building is setback much further from the roadway than the building at 4405 W Elm.
Since 2013 however, staff has received only a couple of inquiries for tenancy at 4405 W Elm; however
nothing generated substantial movement towards occupancy of the property. While vacant for less
than one year in 2013 the property at 4405 is still vacant and has been so for about three years. The
owner of the property at 4405 W Elm has also completed improvements to the site including a reroof
done in 2015.
Additionally, since 2013 there have been several new businesses opened and properties proposed to be
redeveloped and/or purchased to be redeveloped in the general planning vicinity of the subject
property. All of these properties are located within less than a mile-long stretch of Elm Street on which
the subject property is situated and provide a snapshot of the trend of development in the area relative
to the subject property. Therefore, Director of Economic Development Martin stated Staff believes
there are practical difficulties associated with the subject property and it cannot yield a reasonable
return without the zoning relief requested. There are unique circumstances which are adversely
impacting the viability of the site, and Staff does not believe the proposed use would alter the character
of the area as there are financial institutions in close proximity to the subject property.
Economic conditions are dynamic and as previously explained properties in close proximity of the
subject property are being developed and redeveloped, and the subject property has remained stagnant
for three years. It’s for the aforementioned reasons staff supports the requested use variance as
proposed.
Director of Economic Development Martin stated Staff is recommending approval of a use variance to
allow a financial institution at 4405 W Elm Street. Staff finds all requirements in Table 32(A) of the
zoning ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Sobotta inquired if the building will be expanded at all. Mr. Barr stated he will remodel
the building and possibly extend a new storefront with glass added for visibility but they are not
intending to add-on to the current building outside of that.
Planning and Zoning Commission
January 20, 2016
Page 6
Commissioner Doherty asked if there is one or two businesses intending to move into the subject
property. Mr. Barr stated there are two businesses and he has ownership in both. He bought the
currency exchange from the previous owner and has been in that business for 18 years, having 50%
ownership. About 13 years ago he opened up Americash Loans, an installment loan company, which he
has 20% ownership in, and they rent the space from him, personally.
Commissioner Meyer asked if they are purchasing the building or leasing it. Mr. Barr stated they are
purchasing the building.
Chairman Strach opened the floor to questions and comments from the audience.
There was nobody in attendance who wished to address the Commission regarding this matter.
Chairman Strach closed the public comment portion of the hearing at 7:50 p.m.
Commissioner Bromley asked if there were plans for the old building they will be moving from. Mr. Barr
stated they will sell or lease it and remodel it, but not to another lender or currency exchange.
Motion by Bromley, seconded by Doherty, to recommend to the City Council with regard to File No. Z-
881, an application for approval of a use variance to allow a financial institution at 4405 W Elm Street be
granted and that Table 32(A) of the Zoning Ordinance has been met.
Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-881 at 7:52 p.m.
Public Hearing: American Customs Inc.
File No. Z-882
908 N. Front Street (Illinois Route 31) Unit B
Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop
and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside
display and sale primarily of motorcycles and appurtenances); and Conditional Use Permit to allow
outdoor storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment)
and any other Variances required effectuating the aforementioned request
on the Subject Property located at 908 N. Front Street (Illinois Route 31), McHenry, IL
Chairman Strach called the Public Hearing to order at 7:53 p.m. regarding File No Z- 882, an application
for a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and
an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display
and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor
storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment) and any other
Variances required effectuating the aforementioned request as submitted by American Customs, Inc.,
Planning and Zoning Commission
January 20, 2016
Page 7
applicant, and Mary Brunner, owner, for the property located at 908 N. Front Street, Unit B, McHenry,
IL.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January
5, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The
subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice
requirements are on file in the City Clerk’s Office.
In attendance was Don Stelling, 27990 N Converse Rd, Island Lake, IL who was sworn in by Chairman
Strach. Mr. Stelling provided a summary of the request before the Commission at this Hearing stating
he is requesting a conditional use permit to run a motorcycle repair and sales and U-Haul rental business
at 908 Front Street.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the whole property is approximately 1.3 acres located at 908 N Front Street and is divided
into several units. Unit B, the subject property, is 6,600 square feet and is in the middle of the building.
The property is currently zoned C-5 Highway Commercial District.
The building at 908 N Front Street is approximately 15,308 square feet. The front 3,700 square feet of
the building is currently used as a taekwondo/fitness facility (Unit A). In 2007 a conditional use permit
was approved to allow outdoor storage of vehicles in accordance with an automobile repair facility in
Unit D but the business never came to fruition and the conditional use permit expired within 90 days.
However, in 2012, an ordinance was approved by the City Council granting a conditional use permit for
automobile repair for Unit D. Unit C, immediately to the west of Unit D is occupied by an HVAC
contractor. The current applicant is seeking to occupy Unit B, immediately adjacent to and east of Unit
A and is requesting a conditional use permit to allow motor vehicle and trailer repair and motor vehicle
body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as
outside display and sale primarily of motorcycles and appurtenances).
The proposed business is very similar to the former Northwest Cycle business which was previously at
this location but has moved out of the city limits. The applicant restores motorcycles and will do repair,
sell parts and display them primarily inside but may display them outside and bring them in at night.
Additionally, the applicant is seeking a conditional use permit to allow outdoor storage, as a principal
use for the rental of U-Haul-type vehicles and trailers. U-Haul truck rental is an additional business,
whereby U-Haul permits companies to rent U-Haul vehicles and trailers as satellite operations.
The proposed use of motorcycle repair and sales with ancillary outdoor storage for U-Haul truck rental is
compatible with adjacent land uses and will not alter the character of the neighborhood.
The building at 908 Front Street is unique in that it’s divided into four units. Each business functions
independently of the others. The fitness business in the front provides a good visual appearance or curb
appeal and the existing HVAC contractor’s office and automobile repair have no frontage but function
very well due to the nature of those business. The automobile repair business utilizes a fenced-in area
east of the building for vehicle storage.
Planning and Zoning Commission
January 20, 2016
Page 8
In accordance with the zoning ordinance, about 40 parking spaces are required. Approximately 24
striped parking spaces exist on the subject property west and north of the building, however there is
additional room to the north for expanding the parking lot. Unit D parking is east of the building. On
the site plan submitted the applicant depicts existing and proposed parking. Staff met with the
applicant and is recommending the angled spaces depicted adjacent to Front Street be removed, as
there is not sufficient aisle width at that location to meet the dimensional requirements in the zoning
ordinance. As a condition of approval the applicant will be required to restripe the parking lot to ensure
adequate parking is provided for Units A, B and C.
Staff supports the U-Haul trailer and truck rental however, is recommending the total number of trailers
and trucks not exceed a total of ten (trucks, trailers or combination thereof cannot exceed a maximum
of 10 at any one time) on the subject property. When the lot is restriped the truck and trailer areas will
also be required to be striped to ensure adequate parking exists for Units A, B and C.
Director of Economic Development Martin stated Staff is recommending approval of a Conditional Use
Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot,
(repair and body work, including rebuilding and restoration as well as outside display and sale primarily
of motorcycles and appurtenances); as well as a Conditional Use Permit to allow outdoor storage as a
principal use (for the rental of U-Haul-type vehicles and equipment) and any other Variances required
effectuating the aforementioned request on the subject property subject to the conditions as presented,
and staff finds that the requirements of Table 31 of the Zoning Ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Meyer asked Mr. Stelling if he agreed with the restrictions requested by Staff, to which
Mr. Stelling replied he did.
Commissioner Doherty asked if the neighboring business units approve of or have issue with the parking
issues discussed. Mr. Stelling stated none of the neighboring units had any issues with his request.
Commissioner Thacker asked if the restoration work they will do will include painting, stating a concern
for proper ventilation. Mr. Stelling stated there will not be any painting done on-site.
Chairman Strach opened the floor to questions and comments from the audience. There was nobody in
attendance who wished to address the Commission regarding this matter. Chairman Strach closed the
public comment portion of the hearing at 8:00 p.m.
Commissioner Meyer asked what amount of retail business is done by the business. Mr. Stelling stated
they do very little retail business; mostly service and restoration work is done.
Commissioner Bromley asked if Mr. Stelling has operated a U-Haul business in the past. Mr. Stelling
stated he has worked with U-Haul for years.
Motion by Meyer, seconded by Bromley, to recommend to the City Council with regard to File No. Z-882
approval of a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body
shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as
outside display and sale primarily of motorcycles and appurtenances); as well as a Conditional Use
Planning and Zoning Commission
January 20, 2016
Page 9
Permit to allow outdoor storage as a principal use (for the rental of U-Haul-type vehicles and
equipment) and any other Variances required effectuating the aforementioned request on the subject
property, subject to the following conditions:
1. Outdoor storage of inoperable vehicles, as defined in the City’s Municipal Code is prohibited.
2. All vehicles which may potentially leak automobile fluids shall be stored inside only.
3. Outdoor storage of U-Haul trucks and trailers shall not exceed a total of ten at any one time on
the subject property.
4. Applicant shall restripe parking for Units A, B and C as well as U-Haul truck and trailer storage
areas no later than June 30, 2016.
5. Outside display of merchandise cannot occupy any required off-street parking spaces.
6. All motorcycle/vehicle repair and/or body work shall be limited to the interior of the building;
Be granted and that the requirements of Table 31 of the Zoning Ordinance have been met.
Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-882 at 8:05 p.m.
Public Hearing: Ben Fossler, Advanced Fleet Repair
File No. Z-883
1401 North Drive
Use Variance to allow motor vehicle and trailer repair and body shop, as well as
outdoor storage in conjunction with the above-referenced land use, and any other
Variances required to effectuate the aforementioned request on the subject property.
Chairman Strach called the Public Hearing to order at 8:07 p.m. regarding File No Z- 883, an application
for a Use Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in
conjunction with the above-referenced land use and any other Variances required to effectuate the
aforementioned request as submitted by Ben Fossler, Advanced Fleet Repair, for the property located at
1401 North Drive, McHenry, IL.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January
5, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The
subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice
requirements are on file in the City Clerk’s Office.
In attendance was Mr. Ben Fossler, 732 Tek Dr., Unit F, G and H, Crystal Lake, IL and Mr. Richard Fossler,
315 N. Timothy Lane, McHenry, IL who were sworn in by Chairman Strach. Mr. Fossler provided a
summary of the request before the Commission at this Hearing stating they are requesting a use
Planning and Zoning Commission
January 20, 2016
Page 10
variance for 1401 North Drive in McHenry in order to be able to move their business presently located in
Crystal Lake to McHenry.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject property is currently zoned I-1 Industrial District and contains a vacant
building consisting of approximately 6,700 square feet. Customer parking is located adjacent to the east
side of the building. In 2011 Best Way Towing was granted a conditional use permit to allow outdoor
storage in conjunction with a towing operation at 1319 North Drive immediately south of the subject
property and since that time another towing operation has moved into the building and utilizes the
property for the same purpose.
The subject property is located in an older industrial area with a mix of more intense industrial-related
uses which in the past have included: waste hauling, repair and towing facilities, moving company,
heating and cooling business, etc.; however the location is bordered to the east by a residentially-zoned
area. The applicant, Advanced Fleet Repair, is currently located in Crystal Lake but seeking to relocate to
the City of McHenry. They specialize in repair of medium sized fleet vehicles, trucks, diesel engines, etc.,
not huge commercial vehicles.
In the City’s zoning ordinance, motor vehicle repair and body work is not a permitted or conditional use
in the I-1 district; therefore, a use variance is being sought to allow motor vehicle and trailer repair and
body work and outdoor storage of vehicles on the subject property. There are existing gates prohibiting
general public access to the rear yard. Currently a portion of the area west of the building is paved.
Some of the adjoining businesses maintain gravel yards. Staff also recommends all inoperable vehicles
be kept indoors, as well as any vehicles posing an imminent threat of ground contamination due to
leaking fluids.
In accordance with the zoning ordinance, the requirements/conditions of Table 32(A) needing to be
satisfied in order for a use variance to receive a positive recommendation from the Commission were
presented.
The subject property is located within an older industrial area which, on the west of North Drive, has
historically been and remains to be industrial in nature. North Drive provides a distinct physical
boundary between the industrial uses on the west and residential to the east. The proposed use is
consistent with the trend of development on the west side of North Drive. Additionally, this area is
unique in that it’s a somewhat segregated and an isolated area of industrial uses; therefore, the uses
which locate here must have an established customer base. Advanced Fleet Repair would be new to the
City of McHenry and has been in existence for over two decades. Advanced Fleet also has an
established customer base in the City of McHenry. Staff believes this an appropriate use for the site.
Director of Economic Development Martin stated Staff is recommending approval of a Use Variance to
allow motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with the
above-referenced land use and any other Variances effectuating the aforementioned request at 1401
North Drive subject to the conditions as presented, and staff finds all requirements in Table 32(A) of the
zoning ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Planning and Zoning Commission
January 20, 2016
Page 11
Commissioner Meyer asked if the business in Crystal Lake will close down if they move to McHenry and
whether or not they have contracted clients. Mr. Fossler stated they will close the Crystal Lake business
adding the McHenry property has more space and is a better location for their clients.
Commissioner Doherty opined this business would be a good fit for the area.
Commissioner Thacker asked why the outside storage was necessary and what will be stored outside.
Mr. Fossler stated basically it would be vehicles next in line to be repaired and vehicles waiting to be
picked up. He further stated they have only 3-4 employees who will park in front and do not typically
deal with off-the-street public traffic but rather fleet managers. Vehicles to be worked on would be kept
in the fenced-in lot area.
Commissioner Meyer asked if the McHenry location is similar in size to the Crystal Lake location. Mr.
Fossler stated this will be a good growth move because there is more space at the McHenry location.
Chairman Strach opened the floor to questions and comments from the audience. There was nobody in
attendance who wished to address the Commission regarding this matter. Chairman Strach closed the
public comment portion of the hearing at 8:12 p.m.
Motion by Meyer, seconded by Bromley, to recommend to the City Council with regard to File No Z- 883,
an application for a Use Variance to allow motor vehicle and trailer repair and body shop, as well as
outdoor storage in conjunction with the above-referenced land use and any other Variances effectuating
the aforementioned request at 1401 North Drive subject to the following conditions:
1. The property shall be cleared of any miscellaneous debris.
2. There shall be no storage of anything other than vehicles which are directly-tied to the business
on the property (those associated directly associated with the business and those being
repaired).
3. The outdoor storage area shall remain inaccessible to the general public and maintained so
grass/weeds are not growing on unpaved areas, and vehicles stored in an orderly manner.
4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be
stored inside only.
5. Minimal security lighting shall be maintained to the west of the building, within the storage
area.
6. There shall be no light trespass to the residential area to the east.
7. All repair work shall be completed inside the building.
8. Vehicle storage shall be located to the west of the building and enclosed within a fenced-in area;
and
Be granted and that all requirements in Table 32(A) of the zoning ordinance have been satisfied.
Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Planning and Zoning Commission
January 20, 2016
Page 12
Chairman Strach closed the Public Hearing regarding File No. Z-883 at 8:15 p.m.
File No. Z-884
Preliminary and Final Plat of Subdivision
FMB Crystal Lake Road Subdivision
In attendance was Warren Opperman, Civil Engineer with Joseph A. Schudt & Associates in Mokena, IL,
representing First Midwest Bank (FNB), who stated First Midwest Bank owns several properties in which
the property itself is in excess of the bank and the subject property is one of those properties that has a
second building on the back of the two acre parcel. He stated they are looking to market the unused
property for sale but need to subdivide it first. There are three total properties like this in McHenry
County they are looking to sell.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject property consists of approximately two acres and is located on the west side
of Crystal Lake Road and south of Lillian Street. The property is zoned C-2 Neighborhood Commercial
and consists of a bank facility with accompanying drive-thru facility as well as a dry storage building to
the west.
First Midwest is proposing to subdivide their existing bank facility located at 4502 W Crystal Lake Road
into two lots. Lot 1 will encompass the existing bank and drive-thru facility and Lot 2 will include a
building formerly utilized for dry storage.
The proposed plat incorporates an ingress/egress easement and utility easement for proposed Lot 2 and
a drainage and detention easement over the existing driveway along the northern property line. Staff
also recommended a sign easement be incorporated in the same area for the benefit of Lot 2 adjacent
to Crystal Lake Road. There will be no additional direct access points than currently exist. The
preliminary and final plats are being combined due to the relative simplicity of the request.
The proposed plat must be considered by the Planning and Zoning Commission at a public meeting and
the Planning and Zoning Commission recommendation is forwarded to the City Council. Staff has
reviewed the plat and it is in substantial conformance with the requirements set forth in the subdivision
control and development ordinance.
Director of Economic Development Martin stated Staff recommends approval of the Final Plat of FMB
McHenry Crystal Lake Road Subdivision with conditions as amended after discussion, since the sign
easement is currently in a drainage and detention easement. Mr. Opperman stated he does not believe
they will have any issue with the amended conditions.
Commissioner Strach opened the floor to questions from the commissioners.
Commissioner Meyer asked if the zoning on property will stay the same, to which Director of Economic
Development stated it would. Commissioner Meyer inquired if the bank had sold yet. Mr. Opperman
stated he is unaware of a sale being completed yet.
Commissioner Sobotta inquired as to ownership of the property behind the bank property. Director of
Economic Development Martin stated it is owned by Ace Hardware.
Planning and Zoning Commission
January 20, 2016
Page 13
Motion by Thacker, seconded by Sobotta, to recommend to City Council approval of the Final Plat of
FMB McHenry Crystal Lake Road Subdivision with the following conditions, as amended:
1. Compliance with comments by the City Engineer.
2. Plat is recorded within six months of City Council approval by ordinance.
3. Provisions for future installation of water and sewer services for proposed Lot 2, as well as
maintenance responsibilities for all proposed easements including: easement for ingress and
egress and public utility easement; sign easement and drainage and detention easement, be
included on a covenants, conditions and restrictions or similar document which shall be
recorded simultaneously with the recordation of the Final Plat of FMB McHenry Crystal Lake
Road Subdivision.
4. Move the sign easement to the North and West – North of the driveway and outside of the
easement at the same dimensions as shown on the original plans.
Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Staff Report
The next Planning and Zoning meeting is scheduled for Wednesday, February 17, 2016. It was
requested to change the date of the April meeting from April 20 to April 13. All Commissioners were in
agreement, the schedule will be changed. Statements of Economic Interest will be emailed to all
commissioners this year and they are asked to return them in a timely manner, via email, in order to
avoid penalties being imposed.
Adjournment
Motion by Doherty, seconded by Sobotta, to adjourn the meeting at 8:30 p.m.
Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Administrative Assistant
City of McHenry