HomeMy WebLinkAboutMinutes - 2/2/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS
FEBRUARY 2, 1998
CITY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF ) Z-442
GEORG= BRALES AND TED ZATOS AND ) Zatos/Brales
GEORG� VOUTIRITSAS FOR A CONDITIONAL )
USE PERMIT, PURSUANT TO THE ZONING ) 4400 W Elm St
ORDINANCE OF THE CITY OF MCHENRY, ) Conditional Use
MCHENRY COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on January 12, 1998, January 26, 1998,
and recessed to this date. Chairman Semrow called the hearing to order at 7:37 p.m. The
following persons were in attendance:
1. Zoning Board Members: George Cadotte, Paula Ekstrom, John Howell (arrived at 7:39
p.m.), Chuck Lovett, Jon Meyer, Harry Semrow. Absent: Randy Christensen.
2. Attorney for Zoning Board: David W. McArdle.
.�
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
5. Petitioners: George Brales, 1112 Honeyhill, Addison, IL 60101; Ted Zatos, 1415 Stone
Avenue, Addison, IL 60101; George Voutiritsas, 510 West Wise Road, Schaumburg,
Illinois 60193.
6. Attorney for Petitioner: )ames Cowlin, 4108A West Crystal Lake Road, McHenry, IL
60050.
7. City Council Members and Staff: Alderman Andrew Glab, City Administrator John
Lobaito, Plan Commission Chairman Vicki Sheppard.
8. Court Reporter: None.
9. Registered Observers/Objectors:
1 . Elizabeth Miner (rep. Don Roberts Beauty School), 607 Concord Dr, Woodstock
I L 60098
2. Matthew N. Zuppas, 4411 Home Ave, McHenry IL 60050
3. Aleen Tiffany, Esq., 666 Russel Ct, Ste 300, Woodstock IL 60098
�.. 4. Arthur Tiffany, 4411 Home Ave, McHenry IL 60050
5. Charlaine Tiffany, 4411 Home Ave, McHenry IL 60050
6. Kenneth A. Miller, 1506 Ramble Rd, McHenry IL 60050
7. Max N. Koch, 1508 N. Flower St, McHenry IL 60050
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8. Patricia Koch, 4517 W. Home Ave, McHenry IL 60050
9. Gloria & Steven Segerstrom, 4513 Home Ave, McHenry IL 60050
� 10. Kim Bodishbaugh, 1509 N. Richmond Rd, McHenry IL 60050
11. Shannon E. Kottke, 801 Hilltop Blvd, McHenry IL 60050
12. George Heuer, 4508 W Home Ave, McHenry IL 60050
13. Cary Bruce (rep. Eagle Foods), 4400 W. Elm St, McHenry IL 60050
14. Michael Larsen, 1507 Ramble Rd, McHenry IL 60050
1 i. Helen Hankins, 4609 Home Ave, McHenry IL 60050
1 t;. Skyline FOTO Fast, 4400 W. Elm St, McHenry IL 60050
1?. Walter Steffens, 1414 Ramble Rd, McHenry IL 60050
18. )eff Steffens, 1414 Ramble Rd, McHenry IL 60050
19. Jason Fowler, 3706 W. Timothy Ln, McHenry IL 60050
2�. Bret Willhoit, 3813 Prestwick St, McHenry IL 60050
2� . John Johnson, 4516 W. Ramble Road, McHenry IL 60050
22. Art Hecht, 4010 W. Orleans St, McHenry IL 60050
23. John OLSEN, 1511 Ramble Rd, McHenry IL 60050
24. Bernice Dendor, 4018 Orleans St, McHenry IL 60050
25. Helen Musolino, 4016 W. Orleans St, McHenry IL 60050
26. Paul Hayden, McHenry Coin Wash, 4400 W. Elm Street, McHenry IL.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on December 27, 1997.
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 subjE�ct property is located at 4400 West Elm Street, McHenry, Illinois, and is located in
the portion of the building formerly occupied by Spurgeon's Department Store. It is comprised
of approximately 12,000 square feet.
SUMMARY
The Petitioners are requesting a Conditional Use Permit to allow an indoor amusement
establishrnent for teens and young adults, i.e. musical entertainment (D.J.), dancing, pool
tables, video arcade games, non-alcoholic juice bar, and minimal food service (pizza).
TESTIMONY
Attorney McArdle stated Petitioner's Attorney Cowlin had met with City Administrator Lobaito,
Mayor Cuda and the City Attorney in an effort to create a list of conditions which would be
acceptable to all parties concerned with the granting of the proposed Conditional Use to allow
the operation of a Teen Center at 4400 West Elm Street. McArdle noted not all proposed
conditions were agreed to by all parties. The list of proposed conditions is still in the
discussion stage. Petitioner's comments have been included in the document distributed to
the Zoning Board prior to this hearing.
�. Chairman Semrow said, the Board was provided copies of inemos from City Administrator
Lobaito and Chief Joyce reference this proposed use. Members of the Board were also
provided copies of a memo filed by Art Tiffany, an abutting resident, which included a
synopsis of police activity (from December 1994 through December 1997) relating to the
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Paladrome, a Teen Club in Palatine. Attorney Cowlin advised Mr. Semrow he objected to the
,� filing of the documents by Mr. Tiffany as they did not pertain to the facility being discussed
this evening. Mr. Tiffany submitted a Petition of Objection, signed by 55 local residents,
which is on file in the Office of the City Clerk. As a result of the petition submitted and
distributed by Mr. Tiffany, Chairman Semrow noted that he had spoken at length with the
Palatine Police Chief reference enforcement difficulties encountered at the Paladrome Teen
Club. The Palatine Chief made a recommendation that the Paladrome be staffed with security
comprised of off-duty Palatine police officers. It was pointed out the impact on the Palatine
Police Department as a result of this use was significant. The Palatine Chief noted a high
incidence of arrests for open alcohol & narcotic possessions which required 3 to 4 uniformed
and/or tactical officers being dispatched to assist security with parking lot control. Semrow
noted the Paladrome parking lot is privately owned by the same people who own the Teen
club. This is not the case for the proposed McHenry facility. The parking lot is for the benefit
of all businesses in the shopping center. This could present additional enforcement problems
or difficulties. A lengthy discussion ensued.
Attorney McArdle suggested the Board begin this hearing by reviewing each of the proposed
conditions.
Condition #1: That this special use automatically expires twelve (12) months from the date
of issuance and can be extended only by affirmative vote of the Mayor and
City Council prior to said twelve-month expiration date.
� Agreed to by Petitioners and ZBA.
Conditior� #2: Filing and approval of current security plans for the inside and outside of
the premises with the City of McHenry Police Chief.
Agreed to by Petitioners and ZBA.
Condition #3: That there will be at least one security guard for every 50 persons in
attendance on the premises; security guards shall be off-duty, sworn and
certified police officers-^� �. �'������ �� ^ �������� •* � ���m
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Board expressed concerns regarding the proposed 1/50 ratio for security.
It was the consensus of the Board that only off-duty, sworn and certified
police officers be used as security guards and that the remainder of the last
sentence be stricken.
No agreement by Petitioners and ZBA.
Condition #4: During hours in which the premises is open, police officers shall be
provided free and obstructed access to the premises while acting on official
duty.
�
Agreed to by Petitioners and ZBA.
Condition #5: No patron parking to the West of the subject premises.
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Agreed to by Petitioners and ZBA; Petitioners agree to post "No Parking„
�
City and Petitioners agreed this would be impossible to enforce and it should be deleted.
Condition #7: Not more than 15 patrons, or potential patrons, of the premises shall be
allowed to assemble in the parking lot which serves the premises at any one
time.
A lengthy discussion followed. It was pointed out this would be difficult
to enforce, but it would be up to the Petitioners to assure there was no
congregating in the parking lot. The term "potential patrons" was also
found to be unacceptable. It was the consensus of the Board to use the
term "people" in its place.
No consensus by Petitioners and ZBA.
Condition #8: r�e+ m�-� *"�� ' � People leaving or entering the premises�et�s �e
�i-r�►e shall not be permitted to congregate outside the premises while
awaiting entry into the building.
After rewording, Agreed to by Petitioners and ZBA.
�
Condition #9: No patron, or potential patron, of the premises shall remain in the parking
lot serving the premises, or in any vehicle in said parking lot, for more than
ten (10) consecutive minutes.
A discussion followed. It was recognized this could be difficult to enforce.
However, the Petitioners could not be allowed to permit patrons to
congregate in the parking lot. Valet parking was considered as an option,
but was discarded, when it was pointed out all patrons would be exiting at
once and would have to wait for their vehicle to be brought to the door.
This would create a greater occasion for loitering.
In order to reduce the possibility of loitering, it was suggested by the Board
the Petitioners consider patrons repay the cover charge if they choose to
reenter building after leaving. Petitioners agree to this condition which will
be added to the list.
No consensus by Petitioners and ZBA.
Condition #10: People shall not be allowed
to have any open liquor or beer in the parking lot which serves the
premises or in any vehicle in said parking lot.
�
It was pointed out by Attorney McArdle it is the Petitioner's responsibility
to police the parking lot. Current laws prohibit this activity. This may not
be an appropriate condition because it may discourage the Petitioners from
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calling the Police is there is a law being broken.
`. '
No consensus by Petitioners and zBA.
Condition #11: The operator of the teen dance club will clean up trash and debris in the
parking lot serving the premises at least hourly when the premises are open
for business.
Agreed t� by Petitioners and ZBA.
,
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City and Petitioners agreed to delete this condition as it is covered in Condition #13.
Condition #13: The noise level, as measured at any point beyond the building occupied by
the teen dance club, shall not exceed the following:
Octave Bank Maximum Sound Pressure Levels
Center Frequency (Hertz) �db� �« �m�+*�.'� o•���-�-, � ;
31.5 63
63 6�
125 55
� 250 47
500 40
1000 35
2000 30
4000 25
8000 2,5
A-level 45 db (A)
Discussion followed regarding where the measurement of the sound should
be taken. It was the consensus of the Board sound should be measured at
the outside of the building. During the summer months, if the door is
propped open, the measurement should be taken with the door open. It
was agreed to strike the phrase "at Emitter's Property Line" from the Table.
Agreed to by Petitioners and ZBA.
Condition #14: Limitation on the maximum Nu�,��� �-' ^�*��*��� --�* � +►�
during any day of 400.
Following a lengthy discussion, it was the consensus of the Board to change
the phrase "patrons and potential patrons on the premises" to read "number
of people inside the premises". The board expressed some concern that
400 people could not be adequately controlled by only 6-8 security
� personnel (based on 1/50 ratio, with two security personnel outside of the
building).
Agreed to by Petitioners and ZBA
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� In a related discussion, it was the suggestion of the Board that Condition #2
and Condition #3 be combined. The Chief of Police or his designee would
set the required number of security personnel required per number of
patrons present.
Condition #15: Only persons between the ages of 17 and 24 and their parents or guardians
shall be permitted to patron the premises. This shall be confirmed by
requiring photo identification by each patron upon admission.
Concerns raised by the Board include maximum age of patrons; parents
being allowed to enter the premises; other adults being prohibited from
entering the premises; possible change in allowable age of patrons. It was
suggested that the combination of underage and 21 and over patrons would
be a potential problem because of alcohol.
No consensus by Petitioners and ZBA.
Condition #16: All coats of patrons shall be checked (stored in a separate room) at the door.
This condition was included to enhance the security inside the building.
Agreed to by Petitioners and ZBA.
`..
Condition #17: Automatic counters, approved by the City, recalibrated each day, to
determine occupancy of building. An hourly log of the current occupancy
number shall be kept by the operator of the premises, which shall be
It was the consensus of the Board that no more than 400 people be
permitted in the building, including the lobby area, on any given day.
Further, it should be the responsibility of the operator of the premises to file
with the City Clerk the log of occupancy. It is imperative the operator
establish a methodology to determine how many people are in the building
at any given time. It was the suggestion of the Board the verbiage
"available for inspection by the City" be changed to "filed with the City
Clerk".
Agreed to by Petitioners and ZBA.
Condition #18: Strict compliance with all applicable City of McHenry ordinances and codes
and all applicable fire district regulations.
Agreed to by Petitioners and ZBA.
�.. Condition #19: Continuous presence of George Brales or Ted Zatos, or their agents, each
day while open.
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It was the suggestion of the Board the word "agents" be replaced with
� "designee, as stated in the approved security plan". A list of approved
designees shall be provided to the City Clerk, Chief of Police, and Fire
Department. It was the consensus of the Board that only Mr. Brales, Mr.
Zatos or the on-site manager of the facility be the designee and that this list
be provided to the Police Chief as a part of the approved security plan.
Followin,; rewording, Agreed to by Petitioners and ZBA.
Condition #20: No disorderly or violent conduct on the premises (inside or outside).
Agreed to by Petitioners and ZBA.
Condition #21 : No alcoholic beverages, weapons, or illegal drugs/paraphernalia, on the
premises (inside or outside).
, The Board expressed concern regarding the items mentioned in this
condition. They requested the Operator pat down all patrons and that
metal detectors be used upon entry to the facility. The Petitioners agreed
to post that a pat down search would be required prior to admittance and
that metal detectors would be utilized.
Agreed to by Petitioners and ZBA.
�
Condition #22: All exterior areas of the premises shall be reasonably lit at all times when
any patrons shall be on the premises.
Agreed to by Petitioners and ZBA.
Condition #23 No live band music shall take place on the premises.
Agreed to by Petitioners and ZBA.
Condition #24: No food or drinks shall be permitted to be brought into the premises by
patrons or brought out by patrons leaving the premises.
Agreed to by Petitioners and ZBA.
Condition #25: Four copies of these conditions shall be posted conspicuously in the lobby
of the premises. These copies should be bi-lingual.
Agreed to by Petitioners and ZBA.
n„ -...+.., .,+ ., .,*4,
�
The Board did not wish to discourage police calls when required. It was
the consensus of the Board this condition be deleted.
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Delete this condition per agreement of Petitioners and ZBA.
�
Condition #27: Viotation of one or more of conditions 1 through 26 listed above shall
subject the permit holder to suspension or revocation of the conditional Use
Permit. In addition, the Conditional Use Permit may be subject to
suspension or revocation it appears to the Mayor's satisfaction from the
report of any "�"��-� ���'--�� or City employee making an inspection or
investigation or from any other available information, that there are
, violations of any law, ordinance, condition of this approval or incident as
listed below:
a. Criminal incidents or ordinance violations directly impacting the safety of customers,
employees and/or the public on the premises or parking lot. These criminal incidents or
ordinance violations would include, but not be limited to, mob action,disorderly conduct,
weapons violations, street gang activity, etc.
b. Verified complaints against employees, including but not limited to, security, bouncers,
doormen, valets, and managers, involving excessive force, fighting, removal of persons
from the premises in an overly excessive manner, and other similar activities.
c. Any time an employee is charged with criminally obstructing police.
d. Illegal dealing, sale or use of a controlled substance by any employee or patron on the
premises.
e. Dealing or sale by any other person with knowledge of such sale, use or dealing by the
owner or management.
f. A gambling offense by any employee or patron on the premises.
g. Failure to allow access to the premises by police on official business while employees are
on the premises.
�
Discussion of this condition included the following changes being
recommended by the Board:
1. In the initial paragraph substitute the word "Village officer" with the
words "Local, state or federal law enforcement officer".
2. In 27(c), substitute the words "charged with criminally obstructing
police" to "convicted of obstruction of justice. Failure to report a
violation of the conditions of this use shall be considered grounds for
suspension."
3. In 27(d), add "cannabis or" after the words "sales or use of"; substitute
the words "on the premises" with the words "in the building or parking
lot".
4. Strike paragraph 27(e).
5. In 27(fl, change "on the premises" to "in the building or parking lot".
Agreed to by Petitioners and ZBA, subject to specified changes.
Condition #28: Prior to any suspension or revocation, the City Mayor shall conduct a
hearing. The City Mayor shall give written notice to the owner of the date
and time of the hearing. At said hearing, the owner may appear by counsel
� and offer evidence on its behalf.
Agreed to by Petitioners and ZBA.
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Condition #29: Any suspension of the Conditional Use Permit may be appealed directly to
�, the City Council within 15 days of rendering of the decision by the City
Mayor. In the event, the City Mayor determines that revocation of the
Conditional Use Permit is appropriate, he shall so forward his
recommendation to the City Council for their review and determination.
Agreed to by Petitioners and ZBA.
Conditior� #30: This ordinance granting a special use shall expire without need for further
action by any City Council, Commission or Official if the special use ceases
to operate for a period of six (6) continuous months, or if the proposed
amusement establishment is owned by any one other than George Brales
or Ted Zatos.
Agreed to by Petitioners and ZBA.
QUESTIONS BY OBSERVERS/OBIECTORS
Patricia Koch: If the Teen Center opens at 8 p.m., will there be someone present beforehand
to open the doors, to keep crowds from congregating in front of the building and in the
parking lot. Zatos said he would have security present 30-60 minutes prior to opening.
Matthew Zuppas: Will the rules and regulations be posted in the club? Zatos said the rules
and regulations would be posted. Zuppas asked how women would be patted down? Zatos
�, said female security personnel would take care of that.
Kenneth Miller: Would the outside security personnel monitor and enforce loud radio music
from cars? Attorney McArdle said the violation which pertains to noise nuisance would pertain
to sounds emanating from vehicles as well as from the building. If this project is approved,
when would you be ready to open? Zatos said no time frame has been established yet.
lohn Olsen: Referring to a previous discussion which alluded to the closing off of the cut-
through at the rear of the subject property from Lakeland Park to Oak Drive, Jewel, etc., Olsen
stated if this cut-through were closed off, it would cut Lakeland Park off from the Shopping
Center, K Mart, WalMart, etc. Mr. Voutiritsas, landlord for the subject property, indicated he
could close this property off if he chooses; however, there are no present plans to do so.
Olsen asked how the operators of the facility would keep 15 and 16 year olds out of the
facility and prevent them from congregating in the parking lot. Cowlin said the business will
be posted with the minimum and maximum age of patrons. Olsen asked if the City could
forbid consumption in cars in the parking lot. Cowlin stated that is a violation of City
ordinance and is not permissible. Olsen asked why the Petitioners have chosen McHenry to
put in the Teen Center. Zatos said it appeared to be a good location; it is a much needed use
for the area.
Vicki Sheppard: Would there be outside speakers? Cowlin said there would not.
\.. Gloria Segerstrom: If the security people call in sick, how will the operators handle crowd
control. Zatos said there would be backup personnel for security should the need arise.
Segerstrom asked for clarification as to the number of parking spaces available in this lot for
patron use of not only this facility, but the other businesses located in the shopping center.
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Cowlin stated there are 363 parking spaces in Mr. Voutiritsas portion of the shopping center.
� These parking spaces are shared by all businesses from the eastern boundary of Eagle to the
western boundary of the property, .including the proposed Teen Center.
Shannon Kottke: What are the proposed hours of operation? Zatos said 8:00 p.m. to 1:00 a.m.
on weekdays; 8:00 p.m. to 2:00 a.m. on weekends.
CLOSING STATEMENT BY PETITIONERS
Mr. Cowlin stated the Teen Center is a Conditional Use in the C3 Commercial District. If the
Petitioners are able to meet the Approval Criteria for Conditional Uses as established by the
City's Zoring Ordinance, the Conditional Use should be granted. The Petitioners have met
their burden of proof. The subject property should be able to handle traffic and traffic flow
entering and leaving the site. Cowlin went over the Approval Criteria as stated in the Petition.
He noted the Petitioners have a willingness to try to work with the City as well as the
neighborhood. Thirty-two conditions have been suggested for imposition by the City Council.
Public Safety and Health appear to cause the greatest concern. There has been much
discussion regarding security. Cowlin noted there is a high demand for this use. The City
would have control by virtue of the 32 conditions which would be implemented. The first
12 months would be a trial period; it would in essence be probationary. The Conditional Use
Permit could actually be pulled much earlier if there is a violation of any of the afore-
mentioned conditions. The Petitioners should be given the opportunity to succeed in their
venture.
�.. STATEMENTS BY OBSERVERS/OB ECTORS
Chairman Semrow swore in each of the following prior to their making their statements before
the Board:
Art Tiffanv: "I think the Petitioners feel we are against them. They are trying to run a business
and we think this is not the right place for it. Drugs are on the rise. This type of operation
can cause drug use to increase in McHenry. This use, especially when you consider 17 and
up with no upward limit, versus 17-20, would be a good platform for a drug dealer. It could
breed turf wars, violence, and will tax the public safety department to its limits. We need
someplace for teens to go. This is not good for our teens - a place which will breed drugs,
drug trafficking and alcohol."
Vicki Sheppard: "A Teen Center in my mind would be for those aged 13-19. Where do we
fulfill the needs of our younger teens. It would be difficult to keep family establishments going
in this shopping center if this use is granted. Already I don't feel safe using my bank which
is at the other end of this property, along Oak Street. A Teen Center is a wonderful idea. It
would be a place for kids to go for entertainment. But ages 17 and up, is not a Teen Center.
This would create hardship on Chief Joyce and the McHenry Police Department. Is this fair?
Tell me how I am going to protect myself. This proposal is not for a Teen Center. This is
more like a college age hang-out. It cannot be a Teen Center because it is not open to all
teens in town."
�• Christoeher Sheppard: "Teens are 13 to 19 years of age. 20-24 year olds are not teens. I
essentially have three problems with this proposal:
1. Age - 20-24 year olds should not be attending;
2. Responsibility - The owner should accept full responsibility for any activity in or
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around the Center;
�, 3. Teen Center - should consist of pool tables, video games, concession stand, and
a huge dance floor." .
Shannon Kottke: "I am a parent with a pre-teen. What we are creating is a pseudo-bar, rather
than a Teen Center. Closing hours of 1 a.m. and 2 a.m. - that's quite late for teens. I am
concerned regarding drugs and putting teens in the company of 20-24 year olds."
Patricia Koch: "I think this is a dance club/bar, and not a Teen Center. I have lived in
McHenry for 11 years. As far as this facility creating jobs for McHenry residents, this is not
being created for McHenry residents. There would be very few jobs and most employees
would probably come from other areas. I don't think a bar-type atmosphere is good for our
teens. This place would not just draw all good teens looking for fun. Please consider this as
part of our neighborhood."
lohn Olsen: "We need something like this. When I was a teen there was the New Place in
Algonquin. They had live bands, and there were problems with drugs and alcohol. There
were fights and problems with gangs. We will probably have the same kinds of problems
here. There must be a more appropriate place for this type of use. Teen Center patrons would
be leaving at 1 a.m. or 2 a.m. It will be noisy and disruptive. I would ask everyone to please
consider �vhat is going on here. I think you are exploiting the kids."
Chairman Semrow said, "There being no further testimony before this Board with regard to this
� matter, the Chair will entertain a motion with regard to the Petition, 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 the Petition".
COMMENTS FROM THE MEMBERS OF THE BOARD
Lovett stated the Petitioners have been very cooperative. The burden of proof rests upon their
shoulders to state that they have complied with Table 31, the Approval Criteria for Conditional
Uses. Lovett said he believed the Petitioners had not provided a plan for traffic egress from
the site. This project would greatly impact public service facilities. The Petitioners are willing
to work with the City; but, Lovett said he would like to see on paper how traffic would be
controlled.
Meyer said this is by far the toughest case that has been presented before this Board during his
tenure. He said he does not believe a business should be subject to so many standards and
conditions. He said he struggles with two issues. Bad element -This club could bring a bad
element to this City where we have basically good kids. The good kids would benefit. We
also have a bad element because we have nothing for them to do. Meyer stated he has a lot
of faith in the Petitioners that these problems might not occur; however he still has a lot of
reservations about the use.
Semrow stated his two biggest issues are Public Service Facilities and the Public Safety and
Welfare of the people of McHenry. He said it is easy to try to believe that kids will not drink
�, in the parking lot - but, kids will be kids. Then, they will drive on our streets. Semrow stated
he did not think he could vote and state that he believe the Approval Criteria had been met.
He agreed the City needs something for teenage youth in this community. He said he was not
sure this is the answer. Chief)oyce expressed his concerns regarding the use. He is of the
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opinion this use would cause undue demands on his departments services in the City. There
� are going to be problems in the parking lot. This facility could draw from not only the
surrounding area, but Indiana, Wisconsin and all the way to the Mississippi River. The burden
on the Police Department would be extreme. Semrow said, in good conscience, he could not
conceive that the Approval Criteria have been met.
Howell s�iid McHenry has gangs here now. Kids currently drink in parking lots. there is a
potential ror this type of use in our zoning ordinance. The Petitioners have been patient. They
deserve tf�e right to succeed or fail. We have businesses in town - bars- which are not shut
down, an�� perhaps should be. There is a certain amount of age prejudice here.
DELIBERATION AND RECOMMENDATION
Motion by Howell, seconded by Ekstrom, to recommend to the City Council that
the Petitioners' request for a Conditional Use Permit to allow the construction and
operation of an Indoor Amusement Establishment for teens and young adults, i.e.
musical entertainment (D.).), dancing, pool tables, video arcade games, non-alcoholic
juice bar, and minimal food service (pizza) subject to the following conditions:
1. This special use automatically expires twelve (12) months from the date of issuance and
car be extended only by affirmative vote of the Mayor and City Council prior to said
twelve-month expiration date.
�, 2. Filing and approval of current security plans for the inside and outside of the premises
with the City of McHenry Police Chief. There will be at least one security guard for
every 50 persons in attendance on the premises; security guards shall be off-duty, sworn
and certified police officers. (no agreement as to ratio of security personnel/patrons)
3. During hours in which the premises is open, police officers shall be provided free and
unobstructed access to the premises while acting on official duty.
4. There shall be no patron parking to the west of the subject premises.
5. No more than 15 people shall be allowed to assemble in the parking lot which serves
the premises at any one time (no agreement by parties)
6. People shall not be permitted to congregate outside the premises while awaiting entry
into the building.
7. People shall not remain in the parking lot serving the premises, or in any vehicle in said
parking lot serving the premises, or in any vehicle in said parking lot, for more than ten
(10) consecutive minutes.
8. People shall not be allowed to have open liquor or beer in the parking lot which
serves the premises or in any vehicle in said parking lot. (no agreement by parties)
�
9. The operators of the teen dance club will clean up trash and debris in the parking lot
serving the premises at least hourly when the premises are open for business.
� Page 13
ZBA-Zatos/B rales
2/2/98
10. The noise level, as measured at any point beyond the building occupied by the teen
� dance club, shall not exceed the following:
Octave Bank . Maximum Sound Pressure Levels
Center Frequency (Hertz) (db)
31.5 63
63 61
125 55
250 47
500 . 40
1000 35
2000 30
4000 25
8000 25
A-level 45 db (A)
11. Limitation on the maximum number of people inside the premises during any day of
400.
12. Only persons between the ages of 17 and 24 and their parents or guardians shall be
permitted to patron the premises. This shall be confirmed by requiring photo
identification by each patron upon admission. (age not agreed upon by parties)
13. All coats of patrons shall be checked (stored in a separate room) at the door.
14. Automatic counter, approved by the City, recalibrated each day, to determine
�, occupancy of building. An hourly log of the current occupancy number shall be kept
by the operator of the premises. Log shall be filed with City Clerk.
15. Strict compliance with all applicable City of McHenry ordinances and codes and all
applicable fire district regulations.
16. Continuous presence of George Brales or Ted Zatos or their designee (on-site manager),
as stated in the approved security plan. The Police Department, City Clerk and Fire
Department shall be informed of the the designee(s) as a part of the approved security
plan.
17. No disorderly or violent conduct on the premises (inside or outside).
18. No alcoholic beverages, weapons or illegal drugs/paraphernalia, on the premises (inside
or outside).
19. All exterior areas of the premises shall be reasonably lit at all times when any patrons
shall be on the premises.
20. No live band music shall take place on the premises.
21. No food or drinks shall be permitted to be brought into the premises by patrons or
�.. brought out by patrons leaving the premises.
22. Four copies of these conditions shall be posted conspicuously in the lobby of the
premises. These copies shall be bi-lingual.
Page 14
ZBA-Zatos/Brales
2/2/98
23. Patrons shall be required to pay an additional cover charge when reentering the facility
� after leaving.
24. ME�tal detector and patting down of patrons shall be required upon entry of each patron
to premises. Notice of the use of inetal detectors and pat down search prior to
admittance shall be posted by operators.
25. Patrons shall be required to pay an additional cover charge when reentering the facility
aftf�r leaving.
26. Vialation of one or more of conditions 1 through 25 listed above shall subject the
permit holder to suspension or revocation of the Conditional Use Permit. In addition,
the Conditional Use Permit permit may be subject to suspension or revocation if it
appears to the Mayor's satisfaction from the report of any local, state, or federa) law
enforcement officer or City employee making an inspection or investigation or from any
other available information, that there are violations of any law, ordinance, condition
of this approval or incident as listed below:
a. Criminal incidents or ordinance violations directly impacting the safety of customers,
employees and/or the public on the premises or parking lot. These criminal incidents or
ordinance violations would include,but not be limited to, mob action,disorderly conduct,
weapons violations, street gang activity, etc.
b. Verified complaints against employees, including but not limited to, security, bouncers,
doormen, valets, and managers, involving excessive force, fighting, removal of persons
from the premises in an overly excessive manner, and other similar activities.
� c. Any time an employee is convicted of obstruction of justice. Failure to report a violation
of the conditions of this use shall be considered grounds for suspension of Conditional
Use Permit.
d. Illegal dealing, sale or use of cannabis or a controlled substance by any employee or
patron in the building or parking lot.
e. A gambling offense by any employee or patron in the building or parking lot.
f. Failure to allow access to the premises by police on official business while employees are
on the premises.
27. Prior to any suspension or revocation, the City Mayor shall conduct a hearing. The City
Mayor shall give written notice to the owner of the date and time of the hearing. At
said hearing, the owner may appear by counsel and offer evidence on its behalf.
28. Any suspension of the Conditional Use Permit may be appealed directly to the City
Council within 15 days of rendering of the decision by the City Mayor. In the event,
the City Mayor determines that revocation of the Conditional Use Permit is appropriate,
he shall so forward his recommendation to the City Council for their review and
determination.
29. This ordinance granting a Conditional Use Permit shall expire without need for further
action by any City Council, Commission or Official if the Conditional Use Permit ceases
to operate for a period of six (6) continuous months, or if the proposed amusement
establishment is owned by any one other than George Bra�es or Ted Zatos.
�- and that the Approval Criteria for Conditional Use Permit as found in Table 31, pages 357-358
of the Zoning Ordinance, have been met.
' Page 15
ZBA-Zatos/Brales
2/2/98
Voting Aye: Ekstrom, Howell.
� Voting Nay: Cadotte, Lovett, Meyer, Semrow.
Not Voting: None. .
Abstaining: None.
Absent: Christensen.
Motion failed 2-4. There will be no recommendation to the City Council with regard to this
matter. �
ADIOURNMENT
Motion b�� Lovett, seconded by Meyer to adjourn this hearing at 11:20 p.m.
Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Christensen.
Motion carried 6-0. This hearing was adjourned at 11:20 p.m.
Respectfully submi ed,
`— Harry Se w, Chairman
Zoning Board of Appeals
c: Zoning Board of Appeals Members (7), Plan Commission Members (7), Planner, PW
Administration, City Engineers, Aldermen Reference Copy, Petitioner,
Observers/Objectors (25), B & Z Zoning File, Landmark Commission Chairman,
Northwest Herald, Star Newspaper, File Copy.
Z-442
�
ZONING BOARD OF APPEALS
FEBRUARY 2, 1998
CITY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF ) Z-445
ARMOND MUSCAT FOR A TEXT AMENDMENT ) Armond Muscat
AND CONDITIONAL USE PERMIT ) McHenry City Center BP
PURSUANT TO THE ZONING ) Lots 5,6,9,10 in Block 3
ORDINANCE OF THE CITY OF MCHENRY, ) Amend Text - Conditional Use
MCHENRY COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on February 2, 1998. Chairman Semrow
called the hearing to order at 7:33 p.m. The following persons were in attendance:
1 . Zoning Board Members: George Cadotte, Paula Ekstrom, Chuck Lovett, Jon Meyer,
Harry Semrow. Absent: Randy Christensen, John Howell.
2. Attorney for Zoning Board: David W. McArdle.
�. 3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
5. Petitioners: Absent.
6. Attorney for Petitioner: None.
7. City Council Members: Alderman Andrew Glab, City Administrator Lobaito, Plan
Commission Chairman Vicki Sheppard.
8. Court Reporter: None.
9. Registered Observers/Objectors: None.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on January 16, 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.
�
Page 2
ZBA-Muscat
2/2/98
LOCATION
`,. The subject property is located in McHenry City Center Business Park encompassing Lots
5,6,9,10 in Block 3.
SUMMARY
The Petitioners are requesting the following:
1. Text Amendment-Adding Mini-Warehouses to Table 9, Group U, Conditional Uses in
the I-1 Industrial District;
2. Conditional Use Permit- to allow the construction and operation of a Mini-Warehouse
on the subject property.
Chairman Semrow stated that due to a scheduling conflict, no evidence will be presented this
evening regarding this Petition as the matter is being continued to February 9, 1998 at 7:30
p.m. Semrow asked for a motion to recess the hearing.
RECESS
Motion by Cadotte, seconded by Lovett, to recess this Hearing, Case No. Z-445, until
Monday, February 9, 1998 at 7:30 p.m.
Voting Aye: Cadotte, Ekstrom, Lovett, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstainin};: None.
�, Absent: Christensen, Howell.
Motion carried 5-0. This hearing was adjourned at 7:35 p.m.
Respectfully sub ted,
Harry Se ow, Chairman
Zoning 6 ard 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, Star
Newspaper, File Copy.
Z-445
�