HomeMy WebLinkAboutMinutes - 1/12/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JAN UARY 12, 1998
CITY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF ) Z-442
GEORGE BRALES AND TED ZATOS AND ) Zatos/Brales
GEORGE VOUTIRITSAS FOR A CONDITIONAL )
USE PERMIT, PURSUANT TO THE ZO�11NG ) 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. Chairman Semrow
called the hearing to order at 7:38 p.m. The following persons were in attendance:
1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, John
Howell, Jon Meyer, Harry Semrow. Absent: Chuck Lovett.
2. Attorney for Zoning Board: David W. McArdle (arrived at 9:30 p.m.).
L— 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.
6. Attorney for Petitioner: James Cowlin, 4108! West Crystal Lake Road, McHenry, IL
60050.
7. City Council Members: None. .
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. Zurpas, 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
8. Pat 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
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11. Shannon E. Kottke, 801 Hiiltop Bivd, McHenry IL 60050
�.. 12. George Heuer, 4508 W Home Ave, McHenry IL 60050
13. Cary Bruce (rep. Eagle Foods), 4400 W. Eim St, McHenry IL 60050
14. Michael Larsen, 1507 Rambie Rd, McHenry IL 60050
15. Helen Hankins,•4609 Home Ave, McHenry IL 60050
16. Skyline FOTO Fast, 4400 W. Elm St, McHenry IL 60050
17. Walter Steffens, 1414 Ramble Rd, McHenry IL 60050
18. Jeff Steffens, 1414 Ramble Rd, McHenry IL 60050
19. Jason Fowler, 3706 W. Timothy Ln, McHenry IL 60050
20. Bret Willhoit, 3813 Prestwick St, McHenry IL 60050
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 subject 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
establishment 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
Chairman Semrow swore in the following witnesses for the Petitioners:
1. George Brales, 1112 Honeyhill, Addison IL 60101;
2. Ted Zatos, 1415 Stone Ave, Addison IL 60101.
Attorney Cowlin stated the Petitioners will not be using the parking area to the west and north
of the building as this would possibly impact the abutting residential properties. The proposed
use will be conducted inside of the building only. There will be no outside activity such as
volleyball or the like. The proposed use would provide much needed recreation for teens and
young adults ages 17 and above.
Zatos said he and Mr. Brales own the restaurant "Kojaks" in Cary. In addition, they operate
Cheerleader, Mercedez, and Eclipse, which are all nightclubs or restaurants in the Chicagoland
area. Zatos noted this is their first venture with a teen center. It would be located in the
McHenry Market Place in the portion of the building previously occupied by Spurgeon's.
There would be a juice bar. No alcoholic beverages would be served. Pizza would be
served; although it would be catered in so there would be no kitchen facility required. The
`-- entertainment would consist of a D.J., dance floor, arcade room, and pool tables. The
proposed hours of operation would be as follows:
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• 8:00 p.m. - 1:00 a.m. Thursday and Sunday
�. • 8:00 p.m. - 2:00 a.m. Friday and Saturday
• Closed Monday, Tuesday, Wednesday.
Zatos said he wouid employ approximately 12-15 people. Security would be provided, both
indoors and outdoors: There would be at least 8 security personnel inside the facility. He
intends to use off-duty police officers for security. The outside of the building would be
patrolled both in the parking lot east of the building (where parking would be allowed) and
west and north of the building (where parking would be prohibited). Zatos said he intends to
construct a large interior lobby to accommodate the large influx of patrons waiting to enter the
faci I ity.
Dance music will be provided by the D.J. Zatos said he would comply with noise standards
of the City code. Speakers would be directed in an easterly direction, away from the
residential neighborhood. He noted there would be adequate parking. The lot includes 363
parking spaces. He stated that most businesses in the shopping center would be closed during
his business hours. He noted the parking lot would be very well lit.
Zatos informed the Board there should be no problem with littering as all refuse will be
disposed of by patrons prior to their leaving the building. He indicated the other tenants of
the facility had provided written support of his proposed project.
QUESTIONS BY MEMBERS OF THE BOARD
�.- Cadotte asked the age limits of the patrons of the facility. Zatos said the minimum age would
be 17. He would prefer not to have an upper limit. Cadotte asked if he would employ
bouncers; would this be a private security company? Zatos said he would use off-duty police
officers. Cadotte asked what the Petitioner means by "very well lit". Zatos said the parking
lot will be lit so that it will help with security. Cadotte asked if the Petitioners would have a
pizza oven. Zatos said the food would be catered; they may have a food warmer. Cadotte
asked if the parking area west and north of the building would be patrolled to keep people
from parking in this area. Zatos said the entire area would be patrolled in addition to posting
the west and north area "No Parking - violators will be towed". Cadotte asked if there would
be a problem having such a use in the same shopping center as "The Spot". Zatos said there
should be no problem as they are not the same type of establishment.
Meyer asked if there would be a cover charge. Zatos said there would be a cover charge.
Once paid, the patrons would be able to be stamped, leave and come back in. Meyer asked
if smoking would be permitted. Zatos said smoking would be permitted but not sold. Meyer
asked if Zatos would be the on-site manager of the facility. Zatos said that he would manage
the business.
Christensen asked if the Petitioner was planning to improve the outside lighting of the parking
lot. Zatos said he would be willing to increase the parking lot lighting if that is acceptable
with his landlord. Christensen said he is concerned regarding loitering and potential fights
breaking out in the parking lot; how would the Petitioner contain such behavior. Zatos said
`- that would be taken care of by the security he would provide. Christensen asked if the
occupancy load of the building had been determined yet. Zatos said the building has not been
inspected by the Fire Department or Building Department yet; the occupancy load has not
been established. Christensen asked the size of the proposed facility in relation to the other
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establishments referred to by the Petitioners. Zatos said this would be approximately the same
�.. size as Mercedez. Christensen asked how many pool tables there would be. Zatos said there
would be 3 or 4 pool tables. Christensen asked what was intended for the raised platform
areas. Zatos responded this would be seating area with couches. Christensen asked how the
Petitioner could prevent patrons from using the parking areas west and north of the building.
Cowlin said the property could be posted.
Cadotte asked if the music level would cause a nuisance to residents in the neighborhood.
Zatos said �e would make sure the sound does not negatively impact the neighbors.
Christenser� noted the Petition refers to a valet service; he asked for clarification. Zatos said
he would hire a company to perform this service for those patrons who wished to use it.
Christensen noted the Petition makes mention of "rules and regulations". He asked the
Petitioner to provide a list of the rules and regulations. Zatos said the house rules have not
been drawn up yet. However, he is referring to things like slam dancing, fighting, etc. In
reference to another question by Christensen, Zatos said the facility would not be smoke-free.
Cadotte asked who would assume the insurance for the valet service liability. Zatos said the
firm would have their own insurance.
Semrow asked if any of the previously mentioned establishments abut a residential
neighborhood. Zatos said one of the nightclubs abuts a residential neighborhood. Semrow
asked if the rules and regulations would be posted on the premises. Zatos said they would be
L- posted. Semrow asked if the security personnel would be armed. Zatos said they would not
be armed. Semrow asked if there had been any discussion with City Staff regarding the
capacity of the structure and each area of the proposed facility. Zatos responded the
occupancy load has not been determined at this time. Semrow asked if a full security staff
would be used each night they are open. Zatos said that is correct. Semrow asked if the
Petitioners would be leasing the open space grassy area between the two buildings. Zatos said
this area is included in his lease.
Cadotte asked the Petitioner to estimate the maximum number of patrons he expected to use
the facility at any one time. Zatos responded he did not believe the number would exceed
400. Cadotte noted the ratio of employees to .patrons seemed quite high, especially if the
crowd became unruly. -
Christensen asked if there was any intent to have a live band. Zatos said they would not have
a live band.
Howell asked if there were any plans to improve the store front facade. Zatos replied he had
no plans to do anything to the store front other than sign placement. The sign would be
subject to the sign ordinance. Howell asked the term of the lease. Zatos said it is a five-year
lease.
Meyer noted there are two businesses in this area of the shopping center which would be open
`- during the proposed business hours of this establishment, namely the Laundromat and Eagle
Foods. There could be some potential conflict with parking needs in the center.
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QUESTIONS BY OBSERVERS/OBIECTORS
``-- Aleen Tiffanv: She asked for clarification of the interior usable space square footage. Cowlin
responded there is approximately 10,000 square feet of usable space for patrons. Tiffany asked
if there ha� been any study done through the Police Department on potential problems which
could occ.�r if this use were�granted. Zatos said no study has been done. Tiffany asked if a
traffic impact study had been done. �There has been no traffic study done. Tiffany asked if the
noise IevE l tests would be valid at the- proposed location - were factors such as building
constructic�n style, materials and distance from residential dwellings comparable. Zatos said
he would do whatever is necessary to assure there will be no noise nuisance in the
neighborhood.
Cary BrucE�_ Bruce represents Eagle Foods, also a tenant in the shopping center. He indicated
there is nc� letter stating Eagle Foods is not opposed to the proposed use. Bruce expressed
concern regarding this type of use increasing safety hazards to his customers. Bruce said this
type of use is prohibited in the terms of his lease.
Steve Se�erstrom: Segerstrom asked the R factor of the exterior walls. Zatos said he does not
know the R factor. Acoustic tiles will be used in the ceiling. Segerstrom asked if the Petitioner
was knowledgeable of the noise ordinance. Semrow stated if the property violates the noise
ordinance, it would have to be brought into compliance or be faced with consequences, such
as being closed by the City. Segerstrom asked if a traffic impact study had been done of the
intersection of Elm and Oak Streets. Zatos said no traffic impact studies have been done.
Segerstrom asked if there had been complaints of fights, noise, etc. filed against the Petitioners
`-- at any of their other facilities. Zatos said there have not. Segerstrom expressed concern
regarding loitering and illegal activities taking place in the grassy area to the north of the
building. Semrow said if there is loitering or any other distasteful activities, security would be
brought in to handle the situation. Segerstrom asked what the environmental impact on the
area would be. Would there be littering of the property due to all of these people being on
the premises?
Shannon Kottke: Kottke asked what to see the plan for placement of the speakers. How
powerful would the speakers be? Zatos said the exact location of the speakers has not been
determined. However, they would be directed to the east. Kottke asked the capacity of the
, building - would it be 250-300? Zatos said somewhere in that area. Kottke said what if the
State Fire Marshall determined the capacity to be 500 people. Would the Petitioners allow that
many people in the building? Where would all of those people park?
Brett Wilhoit: Wilhoit asked what the cover charge would be. Zatos said it would not exceed
$10 per person.
Ken Miller: Would this use be in conflict with the city curfew. It was noted City curfew is
16. Miller asked if there would be a way of controlling traffic so that it does not travel past
the residential homes when the patrons are coming to or leaving the facility. Semrow noted
it is difficult to control where traffic goes once they leave their parking space and exit the site.
Miller asked the Petitioner if he has plans to erect lights in the rear of the pedestrian walkway
`— area. Zatos said he would put up more lighting if the landlord approved. Miller asked if
security inside and outside would be trained -would all security personnel be off-duty officers?
Zatos replied all security personnel would be trained.
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� Walter Steffens: Can you tell me the business which you own most closely resembles this one.
Zatos said it would be the one located on Halsted at Jackson Street in Chicago.
Elizabeth Miner: Miner asked if the Petitioner would consider having an upper end age
restrictioi�. Zatos said they would prefer to not have an upper age limit.
Max Koc��: Koch asked how many people could fit into the building. Zatos said he believed
there wo�ld be 250-300 on an average night. Koch asked what if there are more potential
patrons tf�an can comfortably fit inside the building. Where would they go? Zatos said they
would w�it for entry in the interior lobby. Koch noted that if 250-300 people attend this
facility ori a given night, there would be no place for store customers for Eagle Foods or the
Dollar St��re to park.
Gloria Segerstrom: How is the Petitioner going to control the noise and nuisance in the
parking I��t? Zatos responded security will control the parking lot. Segerstrom asked what
procedur��s will be taken to prevent teenagers congregating in the parking lot. Zatos said, if
it gets too loud security will let the patrons know that its time to move on.
Arthur Ti1'fanv: Tiffany stated the cover charge would be $10 per person - is that where the
Petitioners intend to make all of their money? Zatos said the cover charge is basically where
the monE�y is made on this type of operation. Tiffany asked why the Petitioners are
experimenting with a first time venture in the City of McHenry, especially when they live in
� Addison. Tiffany asked what the Petitioners would do if they have a really good night, where
would everyone park - along 120? He asked what would happen if the crowd is too big, or
unruly - would the Petitioner call the Police for assistance? Zatos said if things did get out of
control he would call the Police. However, he did not anticipate any problems. Security
would be adequate.
ADDITIONAL UESTIONS BY MEMBERS OF THE BOARD
Christensen asked if the Petitioner would card the patrons upon entering his establishment.
Zatos said all patrons would be carded.
Cadotte asked the Petitioner if he had considered having sessions to accommodate larger
numbers of patrons. Zatos said he would use "Lot Full" signs to let people know the facility
has reached capacity.
Semrow opined he had concerns regarding knives, guns, dope, etc. At the security check
would there be a metal detector? Zatos said there would be a metal detector. Semrow asked
if the restrooms would have security personnel in attendance. Zatos said the restrooms would
be patrolled, however, there would be no one stationed there.
Chairman Semrow called for a recess at 9:40 p.m. The hearing reconvened at 9:55 p.m. with
all members still in attendance.
�. Semrow noted following discussion with Attorney McArdle during the recess, it was pointed
out the requested conditional use would be a new type of use in the City of McHenry. It is
the belief of Counsel that if a recommendation is made to City Council that this conditional
use be granted, certain specific conditions should be imposed that the Petitioner should satisfy.
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use gets out of control and the City finds it necessary to move to remove or suspend the use,
�. there must be certain parameters established so that this can be done. The Petitioner should
agree to the conditions or parameters or the conditional use permit would not be granted.
Semrow stated he would meet with City Attorney McArdle and Petitioner's Attorney Cowlin
to discuss and create a set of conditions to be imposed if proposed conditional use is granted.
It was the consensus of those present to recess this hearing until the conditions have been
established and presented to the Board and the Petitioner for review. In addition, the
following information was requested prior to the date this hearing reconvenes:
1. Petitioner to provide copies of correspondence from Eagle Foods in which support for
this proposed use is stated.
2. Sec�are copies of lease agreement between Eagle Foods and Mr. Voutiritsas which
alle;edly prohibits the proposed use.
3. Provide projected or approved occupancy load by Fire Department.
Christensen asked what type of lighting will be installed inside of the building. It will be
illuminated; there would be spot lights on the dance floor. The remainder would have soft
lighting.
Semrow asked how many times during the past sixty days have the police been called because
of fights at the Petitioners' other facilities. Zatos said there have been no calls in the last sixty
days. Semrow inquired how the Petitioners would control fights breaking out between groups
`-- of kids and gangs. Zatos said the security would be able to handle any disturbances. McArdle
noted if weapons, fights or drugs become intolerable, there would be a suspension or
revocation of the use depending on the severity or rate of repetition of the offense. Semrow
noted that gangs would gravitate to such a facility.
Kenneth Miller stated the benefits to the neighborhood and to the City in general would ben
good. The facility would provide something for the kids to do and help to get them off the
street.
MOTION TO RECESS
Motion by Christensen, seconded by Cadotte, t�o recess this hearing to Monday, January 26,
1998 at 8:30 p.m. in the City of McHenry Municipal Center with no change to the Agenda
Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
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L- Motion carried 6-0.
This hearing was recessed at 10:16 p.m.
� , Respectfully submitted,
� �
Harry Se w, Chairman
Zoning Board of Appeals
c: Zon�ng Board of Appeals Members (7), Plan Commission Members (7), Planner, PW
Administration, City Engineers, Aldermen Reference Copy, Petitioner,
Observers/Objectors (20), B & Z Zoning File, Landmark Commission Chairman,
Northwest Herald, Star Newspaper, File Copy.
Z-442
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