McHenry Times

City of Harvard Planning & Zoning Commission met Oct. 18.

Here are the minutes provided by the commission:

Chairman Carbonetti called the meeting to order at 7:00 pm. City Clerk Moller called roll to establish a quorum. Commission members present: Jim Carbonetti, Steve Creviston, Mike Grieshop and J Albertson. Commission members absent: Tom Condon and Ian McCafferty.

Planning and Zoning Commission Minutes of September 6, 2022 – Approved A motion was made by Commissioner Grieshop, seconded by Commissioner Creviston to accept the minutes of the Planning and Zoning Commission Meeting of September 6, 2022, as presented. All ayes. Motion carried.

BVRW LLC, Harvard Series - Variation to Eliminate Bail Out Lane Requirement Chairman Carbonetti opened the hearing continued from October 4, 2022, in the petition submitted by BVRW LLC, Harvard Series. (petitioner). The petitioner is seeking a variation pursuant to the Unified Development Ordinance (UDO) for relief from Section 8.3.F.5, Principal Use Standards, Drive-Through Facility, to eliminate the bail out lane requirement for the proposed Dunkin Donuts.

Subject property is located in Dunham Township and commonly known as 345 S. Division St., Harvard, IL 60033. PIN 06-02-251-070

The parties of interest were present. The Notice of Hearing was published per statutory requirements in the Northwest Herald. The Certificate of Publication, completed petition and staff report were entered into the record. Certified notices were sent to property owners within 250’ of the subject property relative to the requested variation.

Staff Report

Staff Report as submitted in the petition.

Presentation of Evidence by Petitioners

Terry McKenna was present on behalf of the petitioner, BVRW LLC, Harvard Series. Upon being sworn in, Attorney McKenna reviewed the petition seeking a variation to eliminate the requirement for a bail out lane in the drive-thru of the proposed Dunkin Donuts project. The petitioners have entered into a lease to bring the Dunkin Donuts to town. The lot isn’t wide enough to accommodate a bail out lane and the petitioner is seeking a variance to eliminate that requirement. The hardship that would result to the petitioner if the petition is not granted would render the property a lot less useful to potential users. The petitioner’s position is that it is the particular shape and condition of this specific property that imposes a particular hardship on the petitioners. It is a true financial hardship as opposed to a mere inconvenience if the letter of the regulations was carried out and that the issue is as a result of the shape of the property and nothing brought on by the petitioners themselves. Attorney McKenna pointed out that there are other instances in town where the bail out lane has been eliminated (proposed Starbucks and the existing Taco Bell). There is clearly precedent in the community for the granting of the variance.

Questions/Discussion by Planning and Zoning Commissioners to Petitioners Chairman Carbonetti opened the floor to questions/comments from the Commissioners: • At Commissioner Grieshop’s inquiry, Attorney McKenna stated he is the attorney for the petitioners, BVRW LLC, and he is with McKenna Law Firm in Crystal Lake.

• Commissioner Grieshop commented for the record that the property description in the petition indicates that the subject property is incorrectly identified as B-3 Use District which is not a district in the UDO; the property is actually zoned B-2. Attorney McKenna stated B-2 is properly noted in the City Staff memorandum.

• Commissioner Grieshop related his previous research for Starbucks at which time he determined that a bail out lane is not necessarily a safety issue. It is up to the business’ choice whether to provide it to the customer or not. Commissioner Grieshop inquired about the site plan with respect to the bumps on the north side of the property – the ins and the outs – and asked Attorney McKenna to describe.

Attorney McKenna wasn’t sure but noted it was part of the design process in order to comply with the setbacks. Attorney McKenna confirmed that there isn’t any parking on the north side.

• Commissioner Albertson indicated that he didn’t have any issue with the petitioner’s request but commented that there isn’t much room for a dumpster.

• Chairman Carbonetti related his conversation with City Administrator Dave Nelson who indicated that old zoning code did not include a bail out lane requirement. The requirement was included in the draft UDO and it was inadvertently missed during the review process and not removed prior to the adoption of the UDO.

A motion was made by Commissioner Grieshop, seconded by Commissioner Creviston that the request is suitable for the lot, lot size and the purpose of the building/establishment and to recommend to the City Council that a variation be granted to eliminate the bail out lane requirement with the following noted as part of the recommendation:

In the Commission’s view, a bail out lane is not a safety issue, but rather a personal business model preference as to whether the bail out lane is provided for their business model.

Roll call vote: Grieshop, aye; Creviston, aye; Albertson, aye and Carbonetti, aye. Motion approved four to zero.

The Planning & Zoning Commission’s recommendation will come before the City Council at their meeting on October 25th, 2022, at 7 pm, to be held in the Community Hall.

A motion was made by Commissioner Albertson, seconded by Commissioner Creviston to close the hearing. All ayes. Motion carried.

Clerk’s Report

No report.

Chairman’s Report

Chairman Carbonetti noted that he will not be in attendance at the Planning and Zoning Commission Hearing on November 1, 2022.

At 7:12 pm, a motion was made by Commissioner Albertson, seconded by Commissioner Creviston to adjourn the meeting. All ayes. Motion carried.

https://www.cityofharvard.org/sites/default/files/fileattachments/planning_and_zoning_commission/meeting/14670/planningzoningminutes2022-10-18.pdf