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HomeMy WebLinkAboutMinutes - 3/30/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS MARCH 30, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-447 � STEAK 'N SHAKE INC, AND JOHN COLOMER, ) Steak 'n Shake/Colomer PROPER-TY OWNER, FOR A CONDITIONAL USE ) 2100 N. Richmond Rd PERMIT, PURSUANT TO THE CITY OF MCHENRY ) ZONING ORDINANCE, MCHENRY COUNTY, ) Conditional Use ILLINOIS, � REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearin�; on the above-captioned petition was held on March 30, 1998. Chairman Semrow called thf� hearing to order at 7:35 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Paula Ekstrom,John Howell, Harry Semrow. Absent: Randy Christensen, Chuck Lovett, Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. � 5. Petitioners: Steak 'n Shake represented by Max Malz, 8132 Olive Blvd, St. Louis, MO 63130; John Colomer (Property Owner), 4122 Miller Oaks, McHenry, Illinois 60050. 6. Attorney for Petitioner: None. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on March 14, 1998. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to all owners of record of abutting properties and the subject property was posted as required by City ordinance. An Affidavit of Service is on file with the City Clerk. LOCATION The subject property is located at 2100 North Richmond Road, McHenry, Illinois and is comprised of 1.21 acres. It is currently vacant and unimproved. S U MMARY � The Petitioners are requesting the granting of a Conditional Use Permit to allow the construction and operation of a drive-through restaurant facility on the subject premises. Page 2 ZBA-Steak 'n Shake 3/30/98 TESTIMONY � Chairmai� Semrow swore in the following witnesses for the Petitioner: 1. Max Malz, Steak 'n Shake, 8132 Olive Blvd., St. Louis, MO 63130. 2. Tim Hartnett, Smith Engineering, project engineer, 4500 Prime Parkway, McHenry, IL 60050. 3. PE�ter Huinker, Smith Engineering, design engineer, 4500 Prime Parkway, McHenry, IL 6C)050. 4. John Colomer, property owner, 4122 Miller Oaks, McHenry, IL 60050. Petitioner Malz stated he is a project manager for the Steak 'n Shake corporation. The parent corporation is Consolidated Products, Inc. A copy of the 1997 Annual Report was provided for the edification of the Board. There are 249 Steak 'n Shake Restaurants in the country from the Midwest to the Southeast. Fifty-five of the restaurants are franchised with the remainder being corporate-owned. Malz stated Steak 'n Shake is not a fast food restaurant. It is full- service including carry-out and drive-through services. Cost-wise it is mid-casual dining, open 24 hours/day, seven days per week, with the exception of Thanksgiving and Christmas Day. Breakfast is served from 2 a.m. until 11 a.m. Hartnett noted the proposed location of the Steak 'n Shake is immediately north of the McHenry Commons Shopping Center. The majority of the transportation issues have been addressed with the Final Platting of the Colomer Subdivision, which will be presented for Plan Commission and City Council approval within the next few weeks. The Illinois Department of Transportation (IDOT) has given approval for a right turn lane into the site, which will be � cost shared between the Petitioner and Mr. Colomer. The proposed access to the site would line up with the existing access to the Leisure Links business across Route 31 . This access would be for both the car wash and the restaurant. IDOT has recommended the widening of Route 31 at this location to a 36 foot pavement to allow for future restriping to three lanes, including a suicide lane in the center. Hartnett reminded the Board when the Colomer car wash was presented for recommendation before this Board, there was discussion regarding the possibility of a cross-easement access agreement with the McHenry Commons Shopping Center. It was decided it was not practical to pursue this access. Hartnett noted from Route 31 there would be a right in, right out, and left out lane. The circulation pattern on site would be one-way in a counter-clockwise direction. Internal directional signs would guide traffic through the site. The refuse disposal area would be located at the rear of the site. Hartnett indicated storm water management would be controlled by two on site detention areas as well as sending a portion of the drainage to the regional detention basin east of Target. The site will be illuminated with down-style lighting, which will not spill out beyond the property lines. Landscaping and parking requirements of the Zoning Ordinance will be met. Hartnett pointed out the main entrance to the building would be on the west side; the drive-up window would be located on the north side of the building. The drive-up speaker menu board would be located on the east side of the building. A public walk would be installed along the west property line. QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD �.. Ekstrom asked if proposed development north of the car wash would be permitted to have a separate curb cut by IDOT. Hartnett said IDOT has given preliminary approval for a curb cut to a proposed Burger King immediately north of the car wash. He stated there would be Page 3 ZBA-Ste<<k 'n Shake 3/30/98 approximately 350 feet between the two curb cuts (car wash/Steak 'n Shake and Burger King). � The pro�osed curb cut for Burger King would be at their north property line. Ekstrom asked how muc:h distance there would be between the speaker menu board and the drive-through pick-up �vindow. Hartnett responded there would be enough room for four cars to line up. Cadotte noted there are a lot of fast food restaurants in town. Wouldn't the public be inclined to consider this restaurant as fast food since there would be a drive-through facility? Malz stated this is not fast food. The wait for food ordered at the drive-through window would be considerably longer than at a fast food restaurant. He said people will learn that this is not fast food. Food orders are not cooked until they are ordered. There is no advance preparation of food wit�� food warming facility. Each order is specially prepared. Semrow noted there would be two egress lanes and only one ingress lane, would this be adequate? Hartnett stated IDOT approved this configuration. He provided the Board with a Traffic Analysis of the site, noting the peak hour was 4 p.m. Hartnett noted the car wash hours of operation would be 8 a.m. until 6 p.m. which would reduce any traffic conflicts between businesses. In response to an inquiry from the Board, Hartnett said the closest residential development would be the Oaks of McHenry. The City of McHenry well house on Pine Street is the closest structure. There would be a buffer of approximately 1,000 feet between the speaker menu board and the nearest residential dwelling. � Attorney McArdle asked if the cross easement access agreement between Lot 1 and Lot 2 of the Colomer Subdivision has been recorded at this time. Maggio said that easement would be recorded along with the Final Plat following approval by the Plan Commission and City Council. Hartnett said he had no additional testimony to provide and that he believed the Approval Criteria for Conditional Uses had been satisfied as stated in the Petition. Chairman Semrow said, "there being no further testimony before this Board with regard to this Petition, the Chair will entertain a motion with regard to the Petition, unless there is a motion to recess k�y a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition". DELIBERATION AND RECOMMENDATION Motion by Cadotte, seconded by Ekstrom to recommend to the City Council that the Petitioner's request for a Conditional Use Permit to allow the construction and operation of a restaurant having a drive-through facility be granted; and that Table 31, the Approval Criteria for Conditional Uses, page 357-358 of the Zoning Ordinance, have been met. Voting Aye: Cadotte, Ekstrom, Howell, Semrow. Voting Nay: None. �. Not Voting: None. Abstaining: None. Absent: Christensen, Lovett, Meyer. Motion carried 4-0. Page 4 ZBA-Steak 'n Shake 3/30/98 � ADIOURNMENT Motion k�y Howell, seconded by Cadotte to adjourn the hearing. Voting Aye: Cadotte, Ekstrom, Howell, Semrow. Voting hay: None. Not Voti ig: None. Abstainirg: None. Absent: Christensen, Lovett, Meyer. Motion carried 4-0. This hearing was adjourned at 8:15 p.m. Resp Ily submit d, , � ; � Harry Semro , Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, St�r Newspaper, File Copy. � Z-447 �