HomeMy WebLinkAboutMinutes - 12/02/2010 - Planning and Zoning Commission
City of McHenry
Planning and Zoning Commission Minutes
December 2, 2010
Chairman Schepler called the December 2, 2010 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman,
Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Absent: None. Also in attendance were:
Deputy City Administrator Martin and Deputy City Clerk Kunzer.
Public Hearing: Sunrise Groceries
File No. Z-761
3020 West Route 120
Variances
Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z-761 an application
for the following as submitted Baldev Ghotra representing the owner, Bickey Corporation, for Sunrise
Groceries business located at 3020 West Route 120:
1. Variance from corner side yard building setback requirement from 30’ to 7’6” along Charles
Street property line;
2. Variance from rear yard building setback requirement from 30’ to 5’5”;
3. Variance from the residential screening strip requirement along the north property line from 15’
to 5’5”;
4. Variance from the building foundation landscaping requirement from 10’ to 4’ in front of the
building.
Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on
November 16, 2010. 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 were the following representing the applicant who were sworn in by Chairman Schepler:
1. Attorney Joseph Gottemoller;
2. Architect David Dolby;
3. Applicant representing owner Bickey Corporation Baldev Ghotra
Attorney Gottemoller provided a summary of the request before the Commission at this Hearing. He
noted the building was recently damaged due to a fire and the applicants would like to demolish and
rebuild on the site as quickly as possible. In order to do that variances must be approved as to the
corner side yard setback, the rear yard setback, a reduction of the required residential screening strip
and a reduction in the required landscape along from building foundation. The variances are required
due to the size and configuration of the lot. Attorney Gottemoller noted the already small lot was
reduced in size due to recent Route 120 widening. The new building would house the Sunrise Groceries
business on the first floor and an apartment on the second floor. The mixed use in permitted in the C5
Zoning District.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter.
He stated the four variances requested relate to bulk area requirements of the property and represent
the minimal variances necessary to allow the applicant to rebuild following demolition of the existing
building on the premises. He noted this was not the first plan submitted by the applicant. Initially, the
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December 2, 2010
Page 2
plan showed retaining the direct access to Route 120. At Staff’s suggestion the plan was revised
removing the 120 access point. The variances being requested are physical hardships of the land. The
applicant is not changing the use of the property. Deputy City Administrator Martin stated Staff supports
the variances as requested.
Chairman Schepler invited questions and/or comments from the Commission.
Question was raised as to the short distance of 26 feet from Route 120 to the Charles Street entrance to
the property. Concern was expressed that this could result in an unsafe traffic condition. Mr. Dolby
responded noting there have been 30 to 40 renditions of the site due to the strange configuration of the
lot and the close proximity to the Route 120 right-of-way. This is a corner lot and it was determined the
best solution was to remove the existing direct access to Route 120 and provide access to the site from
Charles Street as shown on the current site plan. Moving the access point further north on Charles
Street would result in loss of required parking which in turn would cause a need for an additional
variance. He opined the plan before the Commission this evening represents the best possible plan for
this property after taking into consideration all Staff concerns and suggestions. Any further modification
would result in loss of parking.
Commissioners expressed concern that the proposed freestanding sign location at the southwest corner
of the lot might impede traffic sight line view. Mr. Dolby responded he will relocate the sign so that it
does not become a vision clearance issue.
Attorney Gottemoller noted there is a current 4-5’ setback from the front lot line along Route 120. The
redevelopment of the site will result in a greatly improved vision clearance triangle for traffic entering or
leaving Charles Street as well as customers leaving the subject premises.
Question was raised by Commissioner Doherty as to why the applicant was intending to remove the
Route 120 access point. Deputy City Administrator Martin reiterated the access point was being
removed for traffic safety reasons at Staff’s request. In addition, the location would lose valuable
parking if the Route 120 access point remained open.
Commissioner Thacker noted there is a similar traffic situation at the IHOP entrance from Oak Drive
immediately north of the Oak and Route 120 intersection. He has witnessed numerous close calls due to
traffic turning right onto Oak Drive and encountering traffic leaving IHOP going south on Oak Drive. He
stated the site plan before the Commission for consideration this evening appears to be far superior to
the intersection of Oak Drive and Route 120. The proposed site plan greatly improves existing conditions
which offer no vision clearance at the intersection of Charles Street and Route 120.
Question was raised as to the exterior surface of the building. Mr. Dolby responded he would likely use
brick veneer wainscoting with stucco although this has not been determined yet. The owner would like
to have the building exterior be maintenance-free. Deputy City Administrator Martin noted the
applicant would have to meet the building code and fire code criteria.
Responding to an inquiry, Mr. Dolby noted delivery vehicles would deliver goods offsite from Charles
Street as parking delivery vehicles on the premises would result in blocking most parking spaces on the
premises.
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December 2, 2010
Page 3
Deputy City Administrator Martin stated he received a phone call from adjoining business owner of Mr.
Don’s Jim Archos who indicated he would prefer to see the building pushed back further from its
existing location along Route 120. When he was assured this would happen, Mr. Archos expressed no
further concerns regarding the proposal.
Question was raised if the owners intended to abandon the existing well and septic on the premises and
connect to City utilities. Attorney Gottemoller responded in the affirmative.
When asked the proposed time frame for redevelopment of the site, Attorney Gottemoller stated the
applicant would like to begin immediately following City approval.
Suggestion was made by Commissioner Buhrman to place the building north-south on the site instead of
the current east-west configuration. Mr. Dolby stated the applicant had looked at that option; however,
the parking for the site would have been greatly reduced causing the need for another variance.
In response to an inquiry regarding the size of the footprint of the building, Mr. Dolby noted the building
is approximately 1,900 square feet, the size of the existing building following all of its additions. The size
of the apartment is also 1,900 square feet. The apartment would be utilized by Mr. Ghotra.
Question was raised as to the landscaping proposed for the north building line to provide a residential
screening strip. Mr. Dolby indicated 6’ tall plantings/bushes would likely be used. They would be planted
at grade and not on a berm.
Chairman Schepler opened the floor to questions and comments from the audience. The following were
sworn in by Chairman Schepler prior to their addressing the Commission.
Dennis Buch, whose parents own the property located at 3012 West Route 120, addressed the
Commission. He stated he and his parents were attending the meeting to find out what is being
proposed on the site. He stated the proposal might not conform to all City codes and ordinance, but by
pushing the building back away from Route 120, they will greatly improve the situation as it currently
exists. He sees the proposed redevelopment as a great improvement to the area.
There was no one else who wished to address the Commission regarding this matter.
The Commission inquired if the parking calculated for the site included that which would be needed for
the second floor apartment. Deputy City Administrator Martin stated the apartment parking
requirements were included in the site calculations. Parking requirements have been satisfied.
Commissioners suggested the owner utilize a monument sign and place it at a 90°angle to Route 120. It
was suggested there would be greater visibility of the sign and offer a solution providing better vision
clearance to the site and reducing safety concerns.
Responding to an inquiry, Deputy City Administrator Martin stated the ordinance requires sidewalks to
be installed; however, Staff would likely not require them as there are currently no sidewalks along
Route 120 in this area. Staff will investigate with IDOT and determine if they would require sidewalk
placement along Route 120.
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December 2, 2010
Page 4
Motion by Nadeau, seconded by Morck, to recommend to the City Council with regard to File No. Z-761,
an application for the following variances for Sunrise Groceries located at 3020 West Route 120 as
submitted by Bickey Corporation be granted:
1. Variance from corner side yard building setback requirement from 30’ to 7’6” along Charles
Street property line;
2. Variance from rear yard building setback requirement from 30’ to 5’5”;
3. Variance from the residential screening strip requirement along the north property line from 15’
to 5’5”;
4. Variance from the building foundation landscaping requirement from 10’ to 4’ in front of the
building.
Subject to:
1. the site being developed in substantial conformance with the site plan and building elevations
provided; and
2. the Route 120 access is eliminated and restored;
and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been
met.
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Comments by Commissioners:
Commissioner Buhrman: He believed the architect for the project heard his concerns and has overcome
the hurdles of redeveloping the site.
Chairman Schepler: It appears a difficult location will be nicely improved due to this project moving
forward.
Chairman Schepler closed the Public Hearing regarding File No. Z-761 at 8:00 p.m.
Other Business
Deputy City Administrator Martin noted there will be no additional meetings before the end of the year.
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December 2, 2010
Page 5
Adjournment
Motion by Ekstrom, seconded by Doherty, to adjourn the meeting at8:02 p.m.
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 8:02 p.m.
Respectfully submitted,
_____________________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry