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HomeMy WebLinkAboutMinutes - 09/11/2003 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION Special Meeting September 11, 2003 The September 11, 2003 Special Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:32 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Buhrman, Franzen. Staff in attendance: City Attorney Cahill, Director of Community Development Napolitano, Deputy Clerk Kunzer. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the minutes of the September 4, 2003 regularly scheduled Planning and Zoning Commission Meeting as presented. All ayes. Motion carried. Public Hearing: Boone Creek LLC File No. Z-597 4222-4228 West Elm Street Chairman Howell at 7:34 p.m. called to order the Public Hearing regarding File No. Z-597, an application for variances as filed by applicant Boone Creek LLC for the property located at 4222 thru 4228 West Elm Street. The variances being requested are as follows: • To reduce the front yard setback from 30 feet to 0 feet for the IHOP Restaurant located at 4228 West Elm Street; • To reduce the corner side yard setback from 30 feet to 8 feet for the IHOP Restaurant located at 4228 West Elm Street; • To reduce the front yard setback from 30 feet to 0 feet for the Jewel building located at 4222-4226 West Elm Street. In attendance were Attorney Louis Rathje and Applicant Charles Margosian who were sworn in by Chairman Howell. Chairman Howell noted all publication and notification requirements had been met. Notification of the Public Hearing was published in the Northwest Herald on August 26, 2003. A Certificate of Publication and an Affidavit of Service are on file in the Office of the City Clerk. Attorney Rathje stated the applicant purchased the subject property in the early 1970’s.Boone Creek LLC entered into a lease agreement with Jewel. One of the provisions of the lease was to provide for an outlot which originally was leased by Wag’s Restaurant. The outlot is now occupied by IHOP Restaurant. Since the time of the original lease, Jewel has expanded their operation several times, most recently during the past year. As a result of the rehab and update of the interior of the McHenry Jewel, Boone Creek LLC has improved the exterior of the building as well. Attorney Rathje noted as a direct result of the current widening of Route 120, the State has initiated condemnation proceedings for Boone Creek LLC land along the southern and western boundaries of the Jewel Shopping Center. The taking of the land would result in nonconformities for both Jewel and IHOP. The matter is pending in court at this time. Attorney Rathje stated the application for variances has the support of IDOT as the granting of variances would facilitate the widening and repaving of the current Route 120 project. If the Page 2 P&Z Commission 9/11/03 variances are granted, the applicant would be able to reconstruct the buildings on the premises should they become destroyed for any reason. The court results will not be announced until the request for variances has been determined. Mr. Margosian noted Jewel’s grand opening a this site occurred in April 1983. Wags Restaurant opened in 1984. In 1994 Jewel expanded their store to 65,000 square feet. Additional land was purchased north of the building to accommodate employee parking and open up more customer parking in the main lot. Director of Community Development Napolitano provided an overview of the Staff Report. He noted the requested corner and front yard setback variances meet with the approval criteria as stated in the Zoning Ordinance. The hardship has been created by a taking of land for the Route 120 roadway and is not the result of action by the applicant. Director Napolitano stated the main concern of the applicant is the ability to rebuild on the site should some catastrophe occur. The granting of the variances would assure a permit to rebuild the structures as they now stand could be issued. Staff supported the granting of the requested variances. In response to an inquiry, Director Napolitano noted there would remain some green space between the curb and the buildings on the site. The 0 foot setback refers to the right-of-way and not the actual roadway pavement. Director Napolitano also noted the bike path would be repaired and restored at the completion of the Route 120 expansion project. Some discussion followed regarding the entrance/exit drive to the east of IHOP on the subject property. Mr. Margosian stated IDOT has approved a full access drive at this location. He noted the drive has been full access since it was initially installed. A brief discussion followed regarding the previous presence of a “No Left Turn” sign being located at this exit of the shopping center. The commission expressed safety concerns regarding left turns from the drive onto Route 120. Suggestion was also made that an internal “drive” be striped along the northern boundary of IHOP’s outlot to facilitate onsite traffic flow and to assure safe passage to/from the southwestern entry/exit of the shopping center. Chairman Howell noted there was no one in the audience wishing to be heard regarding this matter. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council that with regard to File No. Z-597, an application filed by Boone Creek LLC for variance: • To reduce the front yard setback from 30 feet to 0 feet for the IHOP Restaurant located at 4228 West Elm Street; • To reduce the corner side yard setback from 30 feet to 8 feet for the IHOP Restaurant located at 4228 West Elm Street; • To reduce the front yard setback from 30 feet to 0 feet for the Jewel building located at 4222-4226 West Elm Street. be granted; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Page 3 P&Z Commission 9/11/03 Voting Aye: Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Franzen. Motion carried 5-0. Chairman Howell closed the Public Hearing at 7:58 p.m. Discussion Regarding Aesthetics It was the consensus of the commission to defer the continued discussion regarding aesthetics until the next regularly scheduled Planning and Zoning Commission Meeting. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 8:00 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Franzen. Motion carried 5-0. Meeting adjourned at 8:00 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.