HomeMy WebLinkAboutMinutes - 1/3/2000 - Zoning Board of Appeals ZONlNG BOARD OF APPEALS
JANUARY 3, 2000
CITY OF MCHEIVRY
� IN THE MATTER OF THE APPLICATION OF ) Z-487
THOMAS GREIKO, CONTRACT PURCHASER, ) Greiko
AND MAI�ELINE PERSINO, PROPERTY OWNER, ) 305 N. Front St
FOR A MAP AMENDMENT AND CONDITIONAL )
USE, PURSUANT TO THE ZONING ORDINANCE ) Map Amendment
OF THE CITY OF MCHENRY, MCHENRY ) Conditional Use
COUNTY, IL �
REPORT OF THE
ZONING BOARD Of APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A Public Hearing on the above-captioned Petition was held on January 3, 2000. The
Hearing was called to order at 7:33 p.m. The following persons were in attendance:
1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, John
Howell, Jon Meyer. Absent: Darick Franzen, Harry Semrow.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer
�,, 4. City Planner: Phillip Maggio.
5. Petitioner: Thomas Greiko, 5N648 Courcival, Wayne, IL 60184.
6. Attorney for Petitioner: Michael Poper, 130 Cass Street, Woodstock, I L 60098.
7. City Council Members/Staff: None.
8. Court Reporter: None.
9. Registered Observers/Objectors: None.
�LECTION OF TEMPORARY CHAIRMAN
In the absence of Chairman Semrow, Attorney McArdle advised the Board to select a
Temporary Chairman.
Motion by Meyer, seconded by Ekstrom, to nominate John Howell as Temporary
Chairman of the Zoning Board of Appeals for the January 3, 200� Public Hearing.
Voting Aye:Cadotte, Doherty, Ekstrom, Meyer.
Voting Nay: None.
Not Voting:None.
Abstaining:Howell.
� Absent: Franzen, Semrow;
Motion carried 5-0.
Page 2
ZBA-Greiko
1/3/00
NOTICE OF PUBLICATI�N
� Notice of this Public Hearing was published in the Northwest Herald on December 14,
1999. IVotices were sent via certified mailing to abutting property owners. Certificate
of Public.�tion and an affidavit of notification are on file in the Office of the City Clerk.
L CATION
The subject property is located at 305 North Front Street, McHenry IL 60050.
SUMMARY
The Petitioner is seeking a map amendment from RS-3 Medium HigM Density Single
Famity Dtstrict to C•5 Highway Commercial District with a Conditional Use Permit to
allow the construction and operation of a restaurant with a drive•through facility.
TESTIMONY
Attorney McArdle swore in the following witness for the Petitioner:
• Thomas Greiko, 5N648 Courcival, Wayne, Itlinois 60184
■ Scott Smith, Smith Engineering, 4500 W. Prime Parkway, McHenry, Illinois 60050.
Petitioner Greiko stated he is in the process of purchasing the subject property from
Ms. Persino subject to the �ranting of the map amendment and conditional use permit
requests. He stated the operation will be substantially the same as his other five
"Tommy's Redhots" restaurants.
� The proposed location is between the Fashion Shoppes and Warsaw Inn. He provided
a rendering of the proposed facility as well as a site plan for the project. The building
wilt be approximately 4,200 square feet in area. No alcoholic beverages will be sold on
the premises. Projected seating capacity is approximately 100 seats plus 12 individual
stoots at the counter.
Mr. Greiko stated the traffic pattern would be counter clockwise from the entry at
Route 31. The drive through window is on the southwest corner of the building. There
is stacking room for seven vehicles, which is two more than required by ordinance.
Mr. Smith stated the site plan may change following review by lllinois Department of
Transportation and Staff input.
QUESTIONS BY MEMBERS OF THE BOARD
Doherty asked if a cross-easement agreement will be sought with the Fountain
Shoppes. Mr. Greiko answered in the affirmative. He pointed out the access point on
Route 31 is subject to revision following IDOT and Staff review.
Meyer asked for clarification of the on-site traffic pattern. Mr. Smith stated traffic will
flow in a counterclockwise direction around the building.
Howell asked the status of the drive-through facilities at the other restaurant locations.
� Mr. Greiko responded approximately 35•37% of daily restaurant traffic is attributed
to drive•through traffic, dependent upon the weather and time of year. Typical drive-
through customers average somewhere between 65 and 100 per day, again, dependent
upon the weather. Howell asked the location of the existing Tommy's Redhots
� • Page 3
ZBA-Greiko
1/3/00
Restaurants. Mr. Greiko stated they are in operation in Crystal Lake, Woodstock,
� Melrose Park, Addition and Glendale Heights. Howell asked the Petitioner if he is
committed to the aesthetic design as shown on the renderings submitted. Mr. Greiko
stated he is committed to this design if approved by Staff as far as code requirements
are concerned. Howell asked the exterior composition of the structure. The Petitioner
responded it will be brick exterior.
In response to Ekstrom's inquiry regarding deliveries, Mr. Greiko stated deliveries will
be made to the rear door on the north side of the building. All deliveries will be made
by box trucks and not semi trailers. Food deliveries will be made on Mondays,
Tuesdays. Thursdays, and Fridays in the early morning hours. Ekstrom asked the hours
of operation. Mr. Greiko responded the hours would be 10:30 a.m. to 10:00 p.m. on
weekdays and 10:30 a.m. to 11:00 p.m. on weekends.
The Board inquired as to the proposed landscaping for the site. Mr. Smith stated the
landscaping will comply with ordinance requirements with the possible exception of
the berm on the east property line. Noting the radical elevation change, Mr. Smith
stated he will be seeking relief from this requirement. He stated the area would be
screened and landscaped as required, however.
Cadotte asked the number of proposed parking spaces on the property. Mr. Smith
stated there are 76 regular spaces plus 4 handicapped accessible spaces for a total
of 80 parking spaces. Cadotte asked the location of the refuse container. Mr. Greiko
� responded it would be located to the rear of the northwest corner of the building and
would be screened as required.
Eks#rom asked why C•5 Zoning is being sought. She noted a restaurant with a drive-
through facility would be permitted under a more restrictive commercial zoning
district classification. Maggio stated zoning to the north and south of the subject
property is C-5. It was Staff's recommendation to zone this property C-5 in order to
perpetuate consistency.
CLOSING STATEMENT BY PETITIONER
Attorney Poper stated the proposed use fits favorably with the local community as well
as the recently adopted Comprehensive Plan. The proposed use will not negatively
impact the traffic in the area which has been reduced due to the recent completion of
the Miller Road Bypass. The Petitioner is proposing to bring in a family restaurant
which wi11 benefit the community and the City of McHenry. The Petitioner has indicated
he will meet all code requirements.
Temporary Chairman Howell stated, "there being no further testimony before the Board
with regard to this Petition, 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 re�ard to the Petition."
4
Page 4
ZBA-Greiko
1/3/00
� DELI ERTATION AND RECOMMENDATION
Motion by Doherty, seconded by Cadotte, to recommend to the City Council that
ThE� Petitioner's request for a map amendment from RS-3 Medium High Density
Single Family Zoning District to C-5 Highway Commercial Zoning District with
a Conditional Use Permit to allow the construction and operation of a restaurant
with a drive through facility be granted; that Table 33, the Approval Criteria for
Map Amendments, page 401, have been met; and that Table 31, the Approval
Criteria for Conditional Use Permits, Pa�es 357-358, have been met.
DISCUSSION ON THE MOTION
Ekstrom expressed concern with the proposed C-5 zoning and asked for clarification
as to the reasoning behind the request. Maggio stated C-2 zoning would allow the
same uses; however, in order to be consistent in the area, Staff recommended C-5
zoning. Meyer stated as long as the properties on either side of the subjeet property
are zoned C-5 he would concur with granting C•5 zoning for the subject property.
VOTING ON THE MOTION
Voting Aye: Cadotte, Doherty, Ekstrom, Howell, Meyer.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
� Absent: Franzen, Semrow.
Motion carried 5-0.
ADJOURNMENT
Motion by Meyer, seconded by Doherty to adjourn the Hearin� at 7:58 p.m.
Voting Aye: Cadotte, Doherty, Ekstrom, Howelt, Meyer.
Voting Nay: None.
Not Voting; None.
Abstaining: None.
Absent: Franzen, Semrow.
Motion carried 5-0.
espectf II su mitted,
John owell, T mporary Chairman
Zoning oard o Appeals
c: Zoning Board of Appeals Members (7), Plan Commi i n Members (7), City
Administrator, Planner, PW Administration, City Engineer , A{dermen Reference
Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman,
� Northwest Herald, The Sun, File Copy. Z-487