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HomeMy WebLinkAboutMinutes - 9/13/2001 - Zoning Board of Appeals A REPORT THE CITY OF MCHENRY ZONING BOARD OF APPEALS � SEPTEMBER 13,2001 IN THE MAT1 ER OF THE APPLICATION OF ) KEVIN MUNDT, BILL HAUCK, AND JAMES ) Z-534 CLENDENING, FOR A CONDITIONAL USE ) Mundt et al PERMIT PURSUANT TO THE ZONING ) Conditional Use ORDINANCE�JF THE CITY OF MCHENRY ) 2314 W Rte 120 MCHENRY, MCHENRY COUNTY, ILLINOIS ) A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday, September 13, 2001. Chairman Semrow called the Public Hearing to order at 7:35 p.m. with the following persons in attendance: 1. Zoning Board of Appeals Members: Cadotte, Franzen (arrived at 7:55 p.m.), Lovett, Semro�v, Thacker.. Absent: Ekstrom, Howell. 2. City Attorney: Kelly Cahill. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: None. 5. Director of Community Development: Joseph Napolitano. 6. Applicants: Kevin Mundt, 3105 Stilihill Drive, McHenry, Illinois 60050; Bill Hauck, 1003 S. Sauk Trai], McHenry, Illinois 60050; James Clendening, 42 S. Sha.ddle, Mundelein, Illinois 60060. 7. City CounciUStaff: None. 8. Court Reporter: None. `.- 9. Registered Observers/Objectors: None. PUBLICATION Notice of this Public Heazing was published in the Northwest Herald on August 24, 2001. Certified notices were mailed to a11 abutting property owners. A Certificate of Publication is on file in the Office of the City Clerk with regard to this matter. An affidavit of compliance with notice requirements is on file in the Office of the City Clerk. LOCATION The subject property is located at 2314 West Route 120,McHenry. SUMMARY The Petitioner is requesting the subject property be granted a conditional use permit to allow the operation of a bar and grill having live entertainment and dancing. TESTIMONY Chairman Semrow swore in the following witness for the Petitioner: 1. Kevin Mundt, 3105 Stilihill Drive, McHenry, Illinois 60050; 2. Bill Hauck, 1003 S. Sauk Trail, McHenry, Illinois 60050; 3. James Clendening, 42 S. Shaddle, Mundelein,Illinois 60060. Mr. Mundt stated the subject property was annexed in August 1995 along with several other � properties east of the Fox River. Subsequent to the annexation, the property was zoned CS Highway Comrnercial. Since tha.t time several bars/taverns have made an attempt to utilize the property, most recently, Club Viper. Page 2 Z-534 9/13/O1 `-- Mr. Mundt stated he and his two partners, Mr. Hauck and Mr. Clendening, intend to open a bar and grill on the premises. There would be pool and dart leagues, karaoke, live entertainment (band), and dancing. Mr. Mundt noted he has spoken with area neighbors and informed them of his intentions for the property. He opined the management of the facility will assure it is a well- run establishment which will benefit the entire community. QUESTIONS BY MEMBERS OF THE BOARD In response to Lovett's inquiry, Mr. Mundt stated there are no current plans for outdoor activities, although there may potentially be bacci ball or horseshoes. There is not adequate room outdoors for volleyball courts. Mr. Mundt noted if outdoor activities are planned, he would first seek all required City approvals. He also stated he is not seeking permission to serve alcoholic beverages outdoors. Referencing Staf�s recommendation regarding the Petition, Lovett inquired if the Petitioner would be willing to erect an 8-foot solid fence along the north property line to screen the parking lot from neighbors to the north. Mr. Mundt responded in the affirmative. He also stated the trash area is currently carralled; however, he will provide a gate to ensure its containment, as requested by Staff. Thacker inquired if property owner Richard Watson has agreed to the petition for conditional use. Mr. Mundt stated he and his partners are leasing the property from Mr. Watson who ha.s concurred with the zoning request for conditional use. Thacker noted the subject property is currently in deplorable condition. He asked if the tenants would be cleaning up the property. Mr. Mundt responded the interior would be entirely upgraded and redecorated. In addition, they � intend to clean up the exterior of the premises and assure that they are properly maintained. Thacker inquired if parking lot lighting would be improved. Mr. Mundt stated additional lighting would be added not only to the parking lot, but alongside the building as well, to assure patron safety. Chairman Semrow inquired as to the proposed hours of operation. Mr. Mundt stated initially the facility would be open from 4 p.m. until 1 a.m. on Sunday through Thursday, and 4 p.m. until2 a.m. on Friday and Saturdays. Once the food menu has been established, he intends to increase the hours to 11:30 a.m. to 1:00 a.m. on Sunday through Thursday, and 11:30 a.m. to 2:00 a.m. on Friday and Saturdays. The facility will ultimately serve both lunch and dinner entrees, including some sandwich fare, as well as regulaz dinner items. Referencing potential parking overcrowding due to the sma.l l size of the lot, Chairman Semrow inquired how the Petitioners would handle this problem. Mr. Mundt noted it may become necessary to arrange for valet service with parking on adjacent properties during their "down" times. He would ha.ve to make arrangements with his neighbors to the east and west to assure this would be possible. Chairman Semrow stated it wauld be imperative that valet service is utilized as opposed to having patrons traverse across neighbors'property going to/from the ba.r/grill. In response to an inquiry, Mr. Mundt stated at least one of the partners would be on the premises at all times. Franzen arrived at 7:55 p.m. In response to ��n inquiry, Mr. Clendening stated he has previously managed a similar facility in Lake County. As the general manager, he was responsible for bartenders, food service, payroll, �'' etc. As Mr. Haiick and Mr. Mundt have no experience in managing this type of facility, they will rely heavily up�>n Mr. Clendening for his management skills. Mr. Mundt noted that both Mr. Page 3 Z-534 9/12/Ol `.- Clendening and Mr. Hauck have worked with him at The Spot, his amusement establishment in the McHenry Market Place. Chairman Semrow inquired as to the capacity of the building. Mr. Mundt responded he is not certain. He assured the Board they would not exceed the buildings limits as specified by the State Fire Marshal. In response to Thacker's inquiry, Mr. Mundt stated the free-standing sign would be replaced. However, at this time, no business name has been agreed upon. Chairman Semrow asked how late food would be served on the premises. Mr. Mundt stated the kitchen would be open until9 or 10 p.m. Chairman Semrow asked what the petitioner would do to minimize noise nuisance for adjacent residents. Mr. Mundt stated they would not play loud raucous music. CLOSING STATEMENT BY PETITIONER Mr. Mundt thanked the Board for taking the time to consider and review his request and respectfully asxed the Board to recommend its approval. Chairman Sem�row said, "there being no further testimony before the Board with regard to this matter, the Board will consider the Petition at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to this Petition." DELIBERATION AND RECOMMENDATION Franzen stated Mr. Mundt has operated a very respectable establishment in town. He is confident � the new facility will be managed in the same manner. Lovett noted the employees of the Spot have always been cooperative and exhibited a good attitude with police and parents. Chairman Semrow concurred with Lovett and Franzen, stating Mr. Mundt runs a professional operation and wished him well in his new endeavor. Motion by Lovett, seconded by Cadotte,to recommend to the City Council that The Petitioners' request for a conditional use permit to allow a bar and grill having live entertainment be granted subject to the following conditions: ■ An 4-foot high solid fence be installed along the rear property line; ■ A gate be installed on the front of the existing trash corral to better contain gazbage on site. and that Table 31, the Approval Criteria for Conditional Uses, page 356-357 of the Zoning Ordinance, ha.s been met. Voting Aye: Cadotte, Franzen, Lovett, Semrow, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Howell. � Motion carried 5-0. Page 4 Z-534 9/13/O1 �. ADJOURNMENT Motion by Thacker, seconded by Franzen, to adjourn at 8:27 p.m. Voting Aye: Cadotte, Franzen, Lovett, Semrow, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Howell. Motion carried 5-0. Re tfully submitt d, Harry Semr , Chairman Zoning Board of Appeals C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Petitioners, Plan Commission (7), Landmark Commission Chairman Chicago Tribune,Northwest Herald, Aldermen Conference Room, File Copy. Z-534 L �.