HomeMy WebLinkAboutMinutes - 01/18/1963 - Planning and Zoning Commission STATE OF ILLINOIS
SS
COUNTY OF McHENRY )
BEFORE THE ZONING BOARD OF
APPEALS, CITY OF McHENRY, ILLINOIS
IN THE, MATTER OF THE APPLICATION )
OF THOMAS L. LAGIOS AND VIRGINIA )
M. LAGIOS, his wife, FOR A ZONING )
VARIATION
held in the Cit.," Hall
of McHenry
January 18, 1963 - 3: 00 P. M.
Donald Johnson, Chairman
James Althoff
Edward Buss
Frank Gende
Fordlianford
Clarence Niesen.
Richard Zieman
John E. Looze, City Attorney
Fred Meyer, Superintendent of
Public Works
APPEARANCES: Thomas L. Lagios ) petitioners
Virginia M. Lagios )
Robert J. Bartelt, Attorney for
Petitioner s
Petition was read, fee paid, and proper publication determined.
RESUME: The Petitioners have purchased a parcel of ground
improved by a single family residence, formerly operated as a filling
station, located on Illinois State Route 120, opposite the Lutheran
Church, in the City of McHenry. The property is presently zoned
I-4, and Petitioners are desirous of utilizing the premises to conduct
a pet shop business, such usage not being permitted under the present
zoning ordinance of the City of McHenry.
Evidence presented on behalf of the Petitioners, uncontradicted, showed
that the representation of the real estate broker selling the premises
to Petitioners was that the pet shop usage would be permissible.
Further, an inquiry by phone and by personal call to the Office of the
City Clerk also elicited the assurance that the property was classified
B-3, which classification would permit the conduct of a pet shop
business. The evidence showed that the business operation contem-
plated by Petitioners would be restricted to a part-time basis, conducted
principally evenings and weekends, as a means of implementing personal
income. Petitioners testified there would he no kennel. operation and
that the business, itself, would be confined to one of the front rooms
of the home only, approximately 18' x 20' maximum.
There were no objectors present.
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RECOMMENDATION: The Zoning Board of Appeals recommends
that the City Council of the City of McHenry deny the prayer of the
petition, unless, from the evidence produced at the hearing in regard
to information received by the Petitioners as to the zoning classifi-
cation places a moral or legal obligation upon the City to permit the
usage requested.
If the City Council should so feel there is a moral or legal liability,
it is recommended that a variation be granted for a period restricted
to three (3) years in time from and after the action of the Council,
and that said usage he subject to the following restrictions, terms
and conditions:
1. Petitioners shall provide the Enforcing Officer, within a
reasonable time, with a floor plan of the residence area
intended for pet shop use. The shop operation shall not be
permitted to be extended beyond the area depicted in such
floor plan.
2. The operation of the pet shop shall be restricted to the
Petitioners only, and if they shall move from the premises
during the aforesaid three-year period, the right to the
variation usage shall terminate.
3. Petitioners shall provide adequate off-street parking as is
required for such business usage under the existing ordinance.
4. No kennel operation shall he permitted which shall result in
the housing of cats, dogs, or other animals.
5. Personal pets of the Petitioners shall be under the same
restriction as shall apply under the residential zoning
requirements.
It was so moved by Zieman and seconded by Buss.
Voting Aye: Johnson, Althoff, Buss, Gende and Zieman.
Voting Naye: None
Absent: Hanford and Niesen.
The chairman declared the motion carred.
LOOZE & KINNE
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