McHenry Times

McHenry County Zoning Board of Appeal met Nov. 18.

Here are the minutes provided by the board:

1. APPLICANT

McHenry County College

2. REQUEST:

Renewal of Conditional Use Permit #96-51 to allow for a Class II Tower.

3. LOCATION AND SIZE OF PROPERTY IN QUESTION:

The subject property consists of approximately 26.92 acres and is located approximately 1,500 feet east of the U.S. Highway 14 entrance to McHenry County College, at the southeast corner of the U.S. Route 14 and Tarton Drive intersection, in Dorr Township, Illinois.

4. DATE AND TIME OF HEARING AND VOTING MEETING

November 18, 2021 @ 1:30 PM

5. LOCATION OF HEARING AND VOTING MEETING:

McHenry County Administration Building, 667 Ware Road, Woodstock, Illinois, 60098, County Board Conference Rooms

6. PRESENT AT HEARING:

A. ZBA Members: David Stone - Chairman, Linnea Kooistra - Vice Chair, Kurt Schnable, Charles Eldredge, Vicki Gartner, Donald Smolinski, Robert Kosin

B. Attorney: Daniel F. Curran

C. Witnesses: Robert Tenuta, Kathleen Cahill, Geary Morrill (Remote)

D. Public: Wayne Duckmann - County Staff, Kim Scharlow - County Staff (remote), April Ramoni - County Staff (remote), Rickey Sparks, Mark Kownick, Jake Rife, Steve Weber, Dennis Orsinger

7. ITEMS OF EVIDENCE:

Photographs, United States of America Federal Communications Commission Antenna Structure Registration, Federal Communications Commission FM Broadcast Station License, Renewal of License Authorization, FM Auxiliary Antenna Station License, Semaan Engineering Solutions report

8. SUMMARY OF TESTIMONY AT HEARING

Chairman Stone called the hearing to order, stating that the Petitioner was before the Board requesting Renewal of Conditional Use Permit #96-51 to allow for a Class II Tower.

Attorney Daniel Curran explained that there is an existing tower on the subject property, on 26.92 acres adjacent to the McHenry County College. He noted that the property was purchased from the college in 2019, at which time they removed AM towers from the site, and left the subject of this application remaining for Alpha Media to utilize to run the radio station, 105.5 FM.

Robert Tenuta was called as the first witness. He explained that he is the Chief Financial Officer and Treasurer for McHenry County College. Mr. Tenuta stated that there is currently a leasing agreement between MCC and Alpha Media with regard to the tower and the associated buildings on the property.

Kathleen Cahill was called as the next witness. She stated that she is the General Manager of the radio station and employed by Alpha Media. Ms. Cahill pointed out that, under the leasing agreement with the college, Alpha Media is responsible for the licensing, permitting, replacement, and repair of anything related to the tower and the building. She noted that the radio station could not broadcast without the existing tower. Ms. Cahill indicated that the radio station has been on the air for thirty (30) years and includes local news and traffic geared toward the McHenry County community. She noted that they work with a lot of local charitable causes and get involved with local schools and school district programs.

Ms. Cahill showed a series of photographs of the subject property (Group Exhibit 1) and pointed out that there are security measures in place to prevent anyone from getting near the tower or into the transmitter building. She stated that the studios, sales offices, and promotions are all located within the existing building on site, and they do not anticipate expanding in the near future.

Geary Morrill was called as the final witness. He explained that he is the Midwest Regional Director of Engineering with Alpha Media. He explained that the existing tower is 499 feet tall. Exhibit 2 was submitted, which consisted of a United States of America Federal Communications Commission Antenna Structure Registration. He stated that the FAA provided a determination of no evidence, indicating that there would have no impact on air traffic in the area. A copy of the Federal Communications Commission FM Broadcast Station License was submitted as Exhibit 3 and Renewal of License Authorization was submitted as Exhibit 4. Mr. Morrill explained that the license is granted for a specified amount of time and must renew periodically, while proving compliance with the requirements of the FCC. Mr. Curran presented the FM Auxiliary Antenna Station License, which allowed for the existing tower to host an auxiliary antenna in the event the main antenna was ever damaged, so that broadcasting would not be interrupted.

A report, done by Semaan Engineering Solutions, was submitted as Exhibit 5. Mr. Morrill pointed out that the report confirmed all requirements of the ANSI/TIA-222-G had been met and were satisfactory. He noted that the existing tower is currently in compliance with all FAA and FCC requirements.

Staff indicated that the City of Crystal Lake submitted a letter stating they had no objection to the request. They also noted that the proposed use fits with the surrounding land uses as well as the future land use designation of Government/Institutional/Utilities.

9. SOIL AND WATER CONSERVATION DISTRICT REPORT

For further information refer to report number: L21-053-4375

10. ILLINOIS DEPARTMENT OF NATURAL RESOURCES

The consultation was not required for this petition.

11. SUMMARY OF VOTING MEETING DISCUSSION

Chairman Stone opened the voting meeting immediately following the hearing. Vice Chair Kooistra made a motion to strike proposed condition 7. Mr. Kosin seconded the motion. The motion carried.

Chairman Stone stated that there were six (6) proposed conditions:

1) The time limit for this Conditional Use Permit shall be twenty-five (25) years from the date of approval by the McHenry County Board.

2) The tower shall be limited to one not to exceed five hundred (500) feet in height.

3) The tower shall be removed by the owner of the tower at the expiration of the Conditional Use unless the Conditional Use is extended by the County or when no longer used for the purpose constructed.

4) The Conditional Use shall be in addition to the Conditional Uses previously granted on the parcel in question. (One radio communications tower at approximately 429 feet, two radio communication towers at approximately 295 feet and two small accessory buildings.

5) No screening shall be required for this Conditional Use.

6) The use of barbed wire shall be prohibited, except when barbed wire is restricted to the area exceeding eight feet in height on fencing surrounding the tower.

Mr. Eldredge made a motion to add a condition stating "All other federal, state, and local laws, including regulations of the FCC and FAA, shall be complied with." Vice Chair Kooistra seconded the motion. The motion carried.

Vice Chair Kooistra made a motion to approve the conditions, as amended. Mr. Eldredge seconded the motion. The conditions passed by a vote of 7 to 0.

Mr. Eldredge made a motion to recommend approval of the petition, subject to the approved conditions. Ms. Gartner seconded the motion. Mr. Eldredge noted that the Conditional Use has been in operation for a long time without any objections. He mentioned that having the radio station at this location is a benefit to the County.

12. FACTS THAT SUPPORT RECOMMENDING APPROVAL OF THE REQUEST

1) The Approval Standards for Conditional Use, listed in Section 16.20.040.E of the McHenry County Unified Development Ordinance (UDO), have been met to the satisfaction of the Zoning Board of Appeals.

2) The use was established long ago and has not received any complaints.

3) The radio station is a benefit to the McHenry County Community.

13. FACTS THAT SUPPORT RECOMMENDING DENIAL OF THE REQUEST None

14. MOTION

Made by Charles Eldredge, seconded by Vicki Gartner, to recommend approval of the request for Renewal of Conditional Use Permit #96-51 to allow for a Class II Tower, subject to the following conditions:

1) The time limit for this Conditional Use Permit shall be twenty-five (25) years from the date of approval by the McHenry County Board.

2) The tower shall be limited to one not to exceed five hundred (500) feet in height.

3) The tower shall be removed by the owner of the tower at the expiration of the Conditional Use unless the Conditional Use is extended by the County or when no longer used for the purpose constructed.

4) The Conditional Use shall be in addition to the Conditional Uses previously granted on the parcel in question. (One radio communications tower at approximately 429 feet, two radio communication towers at approximately 295 feet and two small accessory buildings.

5) No screening shall be required for this Conditional Use.

6) The use of barbed wire shall be prohibited, except when barbed wire is restricted to the area exceeding eight feet in height on fencing surrounding the tower.

7) All other federal, state, and local laws, including regulations of the FCC and FAA, shall be complied with.

15. VOTE

7 - AYES; 0 - NAYS; 0 - ABSTAIN

Vicki Gartner - Aye

Robert Kosin- Aye

Kurt Schnable - Aye

Donald Smolinski - Aye

Charles Eldredge - Aye

Linnea Kooistra - Aye

David Stone - Aye

GOES TO COUNTY BOARD WITH ZBA RECOMMENDATION FOR APPROVAL

Full Comments on the above agenda items are included in the audio recording of this meeting, which can be found on the McHenry County Meeting Portal.

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=4996&Inline=True